Loveus Thevenin v. State of Florida

OCR transcription; preserved printed pages are authoritative

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

LOVEUS THEVENIN,
Appellant,

Vv.

STATE OF FLORIDA,
Appellee.

No. 4D2024-0919
[November 12, 2025]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Sarah Willis, Judge; L.T. Case No. 50-2022-CF-00451-
AXXX-MB.

Daniel Eisinger, Public Defender, and Jeffrey L. Anderson, Assistant
Public Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Jeanine
Germanowicz, Senior Assistant Attorney General, West Palm Beach, for
appellee.

METZGER, ELIZABETH, Associate Judge.

Appellant Loveus Thevenin appeals his conviction and sentence for
three counts of sexual battery on a child less than twelve years of age and
two counts of lewd and lascivious molestation. Appellant raises six issues
on appeal. We affirm the trial court’s rulings on five of the issues without
discussion.

Appellant’s sixth issue argues the trial court erred by imposing the
Operating Trust Fund of the Department of Law Enforcement (“FDLE
Operating Trust Fund”) costs of $100 per charge, pursuant to section
938.055, Florida Statutes (2021), without having included those costs in
the court’s oral pronouncement of sentence. We agree. See Croissy v.
State, 404 So. 3d 419, 420 (Fla. 4th DCA 2025). The issue was preserved
by a Florida Rule of Criminal Procedure 3.800(b)(2) motion. !

1 In response to the issue raised in the rule 3.800(b)(2) motion regarding
imposition of the FDLE Operating Trust Fund costs, the state conceded error.

The state properly concedes error. We remand for the trial court to
revise the sentencing order to remove the $100 cost per charge for the
FDLE Operating Trust Fund. Furthermore, as the FDLE Operating Trust
Fund costs are discretionary, the trial court may not re-impose these
costs. See Harris v. State, 310 So. 3d 74, 75 (Fla. 4th DCA 2021).

Affirmed in part, reversed in part, and remanded with instructions.

KUNTZ, C.J., and CONNER, J., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.

The trial court granted Appellant’s rule 3.800(b)(2) motion as to the FDLE
Operating Trust Fund costs. However, the amended written sentence

erroneously continued to include the FDLE Operating Trust Fund costs of $100
per charge.