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Stephen v. State
Citations: 150 So. 3d 268; 2014 Fla. App. LEXIS 17606; 2014 WL 5461964Docket: No. 2D10-4018
Court: District Court of Appeal of Florida; October 29, 2014; Florida; State Appellate Court
Shannon Stephen appeals his convictions for DUI manslaughter and leaving the scene of a crash involving death. He successfully argues that the trial court erred in imposing a $225 assessment under section 938.05(1) of the Florida Statutes (2005). Stephen had preserved this issue by filing a timely motion under Florida Rule of Criminal Procedure 3.800(b)(2). The court affirms the other issues on appeal without additional commentary. The review of the statutory requirements for assessments is conducted de novo, referencing relevant case law. The State concedes that the trial court made an error regarding the assessment amount. The applicable statute is the one in effect at the time of the offense, which occurred on March 26, 2006. Under the 2005 statute, the maximum fine authorized is $200. Consequently, the court reverses the $225 assessment and remands the case for the trial court to correct the fines and costs. The decision is affirmed in part, reversed in part, and remanded with instructions, with Judges Northcutt and Wallace concurring.