CHANDLER RICHARD LEOMBRUNO vs STATE OF FLORIDA

Lakeland, FL - Criminal defense attorney represented Chandler Richard Leombruno with appeals his judgments and sentences.

In this Anders1 appeal, Chandler Richard Leombruno appeals his

judgments and sentences in seven cases. We affirm in all respects but note that a

possible unpreserved sentencing error may exist in one of the written judgments for

fines and costs.

1Anders v. California, 386 U.S. 738 (1967).- 2 -

The written judgment for fines and costs for case number 18-CF-13870

reflects a $200 county laboratory fee. But the trial court orally ordered $100 for that fee.

The trial court specifically asked, "So the lab[oratory] fees, there's . . . a $100 on

1813870. There's just one $100, but it's on Counts III and IV. Right?"; the State

confirmed the trial court's assumption.

Laboratory fees are typically discretionary, see Kennedy v. State, 701 So.

2d 634, 635 (Fla. 2d DCA 1997), and must be orally pronounced, see Thomas v. State,

190 So. 3d 222, 223 (Fla. 1st DCA 2016). Accordingly, there is a possible sentencing

error regarding the trial court's assessment of a $200 laboratory fee where it orally

imposed $100. See id. ("[A] review of the record reveals a possible sentencing error

concerning the court's assessment of $100 in sheriff's investigative costs . . . as the

court did not orally pronounce the discretionary cost at the sentencing hearing."); see

also Wilcox v. State, 674 So. 2d 191, 191 (Fla. 2d DCA 1996) (remanding for the trial

court to correct the amount in written order to comport with the amount it orally imposed

at the plea hearing).

Because Mr. Leombruno failed to preserve this potential error by objecting

or filing a motion to correct sentencing error, we must affirm. See R.L.F. v. State, 228

So. 3d 633, 633 (Fla. 2d DCA 2017) (affirming without prejudice where the defendant

failed to properly preserve the sentencing error). Our affirmance is without prejudice for

Mr. Leombruno to seek postconviction relief, if possible. See id.

Affirmed