Narrative Opinion Summary
William Fernandez appeals his judgment and sentence for grand theft. The appeal, filed under Anders v. California, raises several issues, but the only merit found by the court relates to the imposition of a $150 cost for the court improvement fund as mandated by section 939.18, Florida Statutes (2003). The court determined that the trial court failed to consider Fernandez's financial ability to pay this cost, which is required by law. As a result, the court affirmed Fernandez’s judgment and sentence in all other respects but reversed the portion imposing the $150 cost. The case is remanded for the trial court to either strike this cost from the sentence or, after conducting the necessary inquiry regarding Fernandez's ability to pay, potentially reimpose it. The decision is affirmed in part, reversed in part, and remanded, with Judges Casanova and Salcines concurring.
Legal Issues Addressed
Affirmation of Judgment and Sentencesubscribe to see similar legal issues
Application: The appellate court affirms the trial court's judgment and sentence in all respects except for the imposition of the court improvement fund cost.
Reasoning: The court affirmed Fernandez’s judgment and sentence in all other respects but reversed the portion imposing the $150 cost.
Imposition of Court Costs under Florida Statutes Section 939.18subscribe to see similar legal issues
Application: The trial court must consider the defendant's financial ability to pay before imposing a court cost under section 939.18.
Reasoning: The court determined that the trial court failed to consider Fernandez's financial ability to pay this cost, which is required by law.
Remand for Reconsideration of Court Costssubscribe to see similar legal issues
Application: The appellate court directs the trial court to either strike the $150 cost from the sentence or reassess it after evaluating the defendant's ability to pay.
Reasoning: The case is remanded for the trial court to either strike this cost from the sentence or, after conducting the necessary inquiry regarding Fernandez's ability to pay, potentially reimpose it.