From Casetext: Smarter Legal Research

J.S. v. State

District Court of Appeal of Florida, Second District
May 29, 2009
19 So. 3d 380 (Fla. Dist. Ct. App. 2009)

Summary

striking costs imposed upon withhold of adjudication in juvenile context where statute authorized imposition only upon adjudication

Summary of this case from White v. State

Opinion

No. 2D07-4657.

May 29, 2009.

Appeal from the Circuit Court for Pasco County; Walter L. Schafer, Jr., Judge.

James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.


In an Anders appeal, J.S., a juvenile, seeks review of the trial court's order withholding adjudication and placing him on probation. He also seeks review of the trial court's imposition of certain costs. We affirm the disposition without comment but remand with directions to strike two imposed costs.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re Appellate Court Response to Anders Briefs, 581 So.2d 149 (Fla. 1991).

The trial court withheld adjudication, placed J.S. on probation, and assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006). These costs may only be assessed when the juvenile is adjudicated delinquent. See C.M.S. v. State, 997 So.2d 520, 521 (Fla. 2d DCA 2008); T.L.S. v. State, 949 So.2d 290, 291-92 (Fla. 5th DCA 2007). Here, adjudication was withheld. Also, J.S. was charged with a single felony count. Even if J.S. had been adjudicated delinquent, the $20 cost could not be imposed because it is applicable only to offenses other than felonies. See § 775.083(2). Accordingly, we affirm the disposition, but we remand the case to the trial court with instructions to strike the imposed costs of $50 and $20.

Affirmed; remanded with instructions to strike costs.

DAVIS and SILBERMAN, JJ., Concur.


Summaries of

J.S. v. State

District Court of Appeal of Florida, Second District
May 29, 2009
19 So. 3d 380 (Fla. Dist. Ct. App. 2009)

striking costs imposed upon withhold of adjudication in juvenile context where statute authorized imposition only upon adjudication

Summary of this case from White v. State

remanding with directions to strike costs imposed under section 775.083, where the adjudication of delinquency was withheld

Summary of this case from R.A.V. v. State
Case details for

J.S. v. State

Case Details

Full title:J.S., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 29, 2009

Citations

19 So. 3d 380 (Fla. Dist. Ct. App. 2009)

Citing Cases

White v. State

Accordingly, these two cost items cannot stand. See Reyes v. State, 655 So.2d 111, 118 (Fla. 2d DCA 1995)…

S.F. v. State

First, we agree that the $20 crimes prevention program cost, see section 775.083(2), Florida Statutes (2009),…