Robin Annette McGrath Rowe v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed in part and reversed in part Robin Annette McGrath Rowe’s judgment and sentence for driving under the influence with property damage and/or personal injury. The court held that a $223 lump-sum cost was improperly imposed without citation to statutory authority and remanded for entry of a corrected fee order.

Holdings

1. A written order imposing court costs must cite the statutory authority for every cost imposed, whether mandatory or discretionary.
2. The trial court may reimpose court costs on remand if the corrected order provides the statutory authority for their assessment.

Questions Presented

1. Whether the amended cost order could impose a $223 lump-sum court cost without citing statutory authority.
2. Whether the judgment and sentence should otherwise be affirmed in an Anders appeal.

Disposition

reversed_and_remanded