         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-2994
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KENYANNA RACQUEL CHEEKS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Mark Borello, Judge.

                          April 9, 2019


PER CURIAM.

     Kenyanna Racquel Cheeks seeks relief from her judgment and
sentence for sale of cocaine and solicitation for prostitution. Ms.
Cheeks argues that the evidence was insufficient to overcome her
defense of entrapment, the trial court erroneously overruled an
objection to the admission of a jail call, and the trial court
improperly imposed a discretionary fine pursuant to section
775.083, Florida Statutes, and a surcharge pursuant to section
938.04, Florida Statutes. We reject the first two arguments
without comment. However, we agree with the State’s concession
that the trial court erred when it included the discretionary fine
and surcharge in the written judgment and sentence because
neither was orally imposed at sentencing. Lamoreaux v. State, 88
So. 3d 379, 381 (Fla. 1st DCA 2012). Accordingly, we strike the
$5,000 fine and $250 surcharge and remand for entry of a corrected
judgment and sentence consistent with this opinion. Id.; see also
Calhoun v. State, 259 So. 3d 288, 290 (Fla. 1st DCA 2018).

     AFFIRMED in part, REVERSED in part, and REMANDED with
directions.

RAY, KELSEY, and JAY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Maria Ines Suber, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Julian E. Markham,
Assistant Attorney General, Tallahassee, for Appellee.




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