final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Nineteenth Judicial Circuit,
St. Lucie County; Gary L. Sweet, Judge; L.T. Case No.
Haughwout, Public Defender, and Jessica A. De Vera, Assistant
Public Defender, West Palm Beach, for appellant.
Moody, Attorney General, Tallahassee, and Matthew Steven
Ocksrider, Assistant Attorney General, West Palm Beach, for
Desrosiers appeals the trial court's denial of his
Florida Rule of Criminal Procedure 3.800(b)(2) motion to
correct sentencing error for drug-related charges. Desrosiers
argues he is entitled to be resentenced because of a
scoresheet error and that the case should be remanded to
correct cost errors. We find the scoresheet error harmless
but remand the case to the trial court to make the requisite
the sentencing hearing, Desrosiers requested a sentence of
four years to run concurrently with a prior sentence. The
scoresheet used by the trial court erroneously included a
prior count scored at .2 points, thus increasing
Desrosiers' lowest permissible sentence from 20.315
months to 20.175 months. The trial court sentenced Desrosiers
to six years in prison to run concurrently with his prior
sentence. The trial court then imposed costs totaling
$793.00: $418.00 in court costs, $200.00 in prosecution
costs, $50.00 in investigatory costs, and $125.00 for the
county drug abuse trust fund. The trial court did not make
any factual findings regarding these costs and the State did
not make any request that these costs be imposed.
he was sentenced, Desrosiers filed a rule 3.800(b)(2) motion
for resentencing with the trial court, alleging the trial
court relied on an incorrect scoresheet and requesting the
discretionary costs be struck because the State had not
requested them. The trial court did not timely enter an order
on the motion and it was deemed denied. On appeal, the
State concedes that the above costs were assessed in error
and agrees that the case should be remanded to assess
appropriate costs but maintains that the scoresheet error was
defendant who illustrates an erroneous imposition of points
on his scoresheet is entitled to have the errors corrected.
However, that defendant is not entitled to resentencing if
the errors were harmless." Zelaya v. State, 257
So.3d 493, 497 (Fla. 4th DCA 2018) (citations omitted).
"[T]he error 'is harmless if the record conclusively
shows that the trial court would have imposed the
same sentence using a correct scoresheet.'"
Somps v. State, 183 So.3d 1090, 1093 (Fla. 4th DCA
2015) (quoting Sanders v. State, 35 So.3d 864,
870-71 (Fla. 2010)).
Desrosiers has shown and the State has conceded that the
scoresheet was defective. However, the error is harmless
because Desrosiers requested a four-year prison sentence,
which amounts to more than 20.325 months. See Adlington
v. State, 931 So.2d 1040, 1042 (4th DCA 2006). It
follows that the trial court would have imposed the same
sentence even with a corrected scoresheet because Desrosiers
agreed that his sentence should have been at least four
years. Although the error is harmless, Desrosiers remains
entitled to have this scoresheet error corrected on remand.
See Zelaya, 257 So.3d at 497.
criminal case, a trial courts must assess a $100.00 fee in
prosecution costs and a $225.00 fee where the defendant is
convicted of a felony. See §§ 938.27(8),
938.05(1), Fla. Stat. (2017). Trial courts may impose
discretionary costs above these amounts, but where the trial
court fails to make the appropriate factual findings
regarding these costs, these fees will be reduced to the
mandatory fee amounts. See Brown v. State, 658 So.2d
1058, 1059 (Fla. 2d DCA 1995). On remand, courts may reimpose
discretionary costs if they are supported by the requisite
factual findings. See id.; accord Hogle v.
State, 250 So.3d 178, 181 (Fla. 1st DCA 2018).
cases, the trial court may assess fees for the county drug
abuse trust fund. See § 938.23, Fla. Stat.
(2017). However, the court must consider the defendant's
ability to pay prior to assessing these fees. See Gunn v.
State, 818 So.2d 681, 681 (Fla. 4th DCA). These costs
may be ...