JOHN BEN HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant cannot appeal terms of probation after negotiating a plea agreement, as the issues are not ripe for review.
Harris pleaded nolo contendere and was adjudicated guilty, placed on probation with conditions including court costs and extradition costs. He appeale…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Court Costs cases and more on FLexlaw
COBB, Judge.
Pursuant to a nolo contendere plea, Harris was adjudicated guilty and placed on five years’ probation with the condition that he pay $500 in court costs or perform 60 hours of community service. The judgment also provided for Harris to pay the costs of his extradition.
On appeal, Harris claims that the court costs and extradition costs were erroneously assessed without notice or hearing or a determination of his ability to pay. Harris also contends that the alternative of community service provided by the trial court was not available as of January 28, 1987, the date of sentencing, since section 27.-3455, Florida Statutes (1985), was amended to delete that alternative as of October 1, 1986. Harris further asserts that there is no statutory authority to assess extradition costs against a defendant; in fact, there is a statutory prohibition against the imposition of costs against a defendant for expenditures incurred in connection with the operation of government agencies. See § 27.56(l)(a), Fla.Stat. (1985).
The state, on the other hand, points out that Harris and his trial counsel negotiated his plea in an attempt to obtain probation, and now, in effect, are attempting to renege. There was no objection made before the trial court and no attempt to withdraw the plea. The defendant, in other words, wants the sweet part of the deal, but not the bitter. We agree with the state. As we said in Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA), review denied, 419 So. 2d 1195 (Fla. 1982), if the defendant does not like the proffered terms of probation below, he should refuse it — not appeal it.1
AFFIRMED.
ORFINGER and SHARP, JJ., concur. . The result reached in this case would be the same even if not based on a negotiated plea, since the issues are not yet ripe for review. See Jones v. State, 513 So. 2d 732 (Fla. 5th DCA 1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stone v. State, 642 So. 2d 34 (Fla. 5th DCA 1994)…petit theft, as well as to probation violations. We affirm his convictions, sentences, and the conditions of probation, except one. First, in his plea of guilty Stone agreed to pay certain costs. Those costs were properly assessed. Harris v. State, 515 So. 2d 385 (Fla. 5th DCA 1987) (defendant can’t renege after he agrees to certain costs as part of plea). Second, Stone was also assessed $538.16 “restitution” for the costs of extraditing him back to Florida. Technically, this is not restitution, but a reimb…
-
Sitek v. State, 700 So. 2d 119 (Fla. 2d DCA 1997)…der’s lien, the imposition of the fee of $100 to the Florida Department of Law Enforcement must be affirmed because the appellant agreed to pay it in his written plea agreement. See Stone v. State, 642 So. 2d 34 (Fla. 5th DCA 1994); Harris v. State, 515 So. 2d 385 (Fla. 5th DCA 1987). Conviction and sentence affirmed; reversed and remanded as to lien. DANAHY, A.C.J., and CAMPBELL and LAZZARA, JJ., concur.…
Authorities Cited
- Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982)
- Isiah Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987)