Summary
This Fifth District Court of Appeal opinion reviews an Anders appeal regarding the appellant’s convictions and sentences for first-degree murder. While affirming the underlying convictions and most sentences, the court reverses a $500 fine and surcharge imposed on the capital offense count, finding that Florida statute does not authorize fines for capital felonies. The case is remanded to the trial court to enter an amended judgment consistent with this ruling.
Topics
Practice areas
Questions Presented
- Whether a fine may be imposed on a capital felony conviction under Fla. Stat. §775.083(1).
Holdings
- A fine may not be imposed on a capital felony conviction because §775.083(1) Fla. Stat. authorizes fines only for offenses other than a capital felony.
Key quotations
“Section 775.083(1), Fla. Stat. (“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment . . . .” (emphasis added))”
Factual background
Brian Pierre Constant, III was convicted in the Circuit Court for Marion County of first-degree murder, a capital felony, and other offenses. The trial court sentenced him to the statutory penalties and additionally imposed a $500 fine and surcharge on the capital felony count.
Procedural history
Appellant was convicted of first-degree murder and other offenses. The trial court imposed a $500 fine and surcharge on the capital felony count, which the appellant challenged on appeal.
Remand instructions
Remand to the trial court for entry of an amended judgment and sentence consistent with this opinion.