Donnie Keith Sassnett v. State of Florida

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Supreme Court of Florida ____________ No. SC94812 ____________ DONNIE KEITH SASSNETT Petitioner, vs. STATE OF FLORIDA, Respondent. [June 15, 2000] PER CURIAM. We have for review a decision of the First District Court of Appeal certifying the following question to be one of great public importance: DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR? Sassnett v. State, 724 So. 2d 174 (Fla. 1st DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Maddox v. State, 25 Fla. L. Weekly S367 (Fla. May 11, 2000), we answer the certified question in the negative. We approve the decision below and find that the unpreserved sentencing errors asserted in this case do not constitute fundamental error. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance First District - Case No. 1D97-3667 (Duval County) Nancy A. Daniels, Public Defender, Carol Ann Turner, and Kathleen Stover, Assistant Public Defenders, Second Judicial Circuit, Tallahassee, Florida, for Petitioner Robert A. Butterworth, Attorney General, James W. Rogers, Bureau Chief, Criminal Appeals, Tallahassee, Florida, for Respondent -2-

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