Court: CRIMINAL LAW- Sentencing -trial court erred in imposing fines and costs- trial
court failed to orally pronounce any citation of authority, the written
judgment and order of probation -trial court erred in imposing the public
defender fees without informing appellant he had the right to a hearing to
contest the amount. Affirmed in part;
reversed in part Cousineau v. State, , No. 0701740CFAWS (
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
THE STATE OF
Appellee. Lower No: 05135672WTWS
County Judge Marc H. Salton
Frank D. L. Winstead, Esq.
Devin Jones, Esq. A.S.A.
ORDER AND OPINION
THIS MATTER is before the Court on Appellant, Joseph Nunn's, appeal of the trial court's order denying a Motion to Suppress. Having reviewed the record and the briefs, this Court affirms the decision of the trial court.
On December 6, 2005,
appellant was arrested for driving under the influence. The jury unanimously
found appellant guilty as charged. During sentencing, the state advised the
court that this was appellants fourth DUI conviction according to his driving
record. The state indicated that “[h]e had two in
The court then adjudicated him guilty, placed the defendant on probation for a year, ordered him to pay a fine and court costs of $1445.00, and complete DUI school. His license was revoked for ten years, the vehicle he was driving was impounded for 90 days, he was sentenced to 120 days, credit for time served. The court also imposed a $240.00 public defender fees. 
This court finds that the trial court erred in imposing $1445.00 in fines and costs. Not only did the trial court fail to orally pronounce any citation of authority for these fines or costs during sentencing, the written judgment and order of probation filed February 7, 2007, likewise fails to reflect any statutory authority. Therefore, the imposition of the fines and costs should be deemed discretionary amounts that must be individually announced. Moreover, a defendant must have an opportunity to object to the imposition of any discretionary costs in open court, and the trial court has to assess the ability to pay such discretionary costs before they can be imposed. Reyes v. State, 655 so. 2d 111 (Fla. 2d DCA 1995).
The trial court also erred in imposing the $240.00 public defender fees without informing appellant he had the right to a hearing to contest the amount. Fl. R. Crim. Pro. 3.720(d)(1).
We therefore reverse the imposition of the fines and costs, as well as the public defender fee and remand for reconsideration of the fees and costs in accordance with statutory rules and requirements. The judgment and sentence are affirmed in all other respects.
IT IS THEREFORE ORDERED AND ADJUDGED that the decision of the trial court is AFFIRMED IN PART, and REVERSED IN PART and remanded with directions.
DONE AND ORDERED in Chambers at New Port Richey,
Primary Appellate Judge
_________________________ Daniel D. Diskey, Circuit Judge
Copies furnished to:
Frank D.L. Winstead, Esq. .
Office of the State Attorney
County Judge Marc H. Salton
 Prior to filing the initial brief, appellant filed a Motion to Correct Sentencing Errors with the trial court, but the trial court failed to rule on the motion within sixty days; and therefore, the motion was, in effect, constructively denied thereby permitting appellant to raise these matters on appeal.