Alleyne v. State
The Sixth DCA addressed discrepancies between oral pronouncements and written sentences in two misdemeanor traffic cases, and reviewed the trial court's imposition of court costs and a public defender application fee. The court held the written sentence must conform to the oral pronouncement as to the $273 cost figure, but remanded for the trial court to state the statutory basis for costs since it was not otherwise evident in the record. The court also held the $50 public defender application fee under §§27.52 and 938.29 is mandatory and could not be waived, so the written sentence properly included it despite the trial court's oral waiver.
Key facts
- Two misdemeanor traffic cases where the trial court issued oral sentences that differed from written sentences regarding cost amounts and a public defender application fee.
- At sentencing, the trial court orally pronounced certain cost figures and verbally waived a $50 public defender application fee, but the written sentences reflected different cost amounts and included the $50 fee.
- +2 more key facts with a free trial
Why it matters
This opinion gives practitioners a citable reaffirmation that the mandatory $50 public defender application fee cannot be waived by the trial court even if pronounced orally, meaning defense counsel should not rely on… — full analysis with a trial
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