FRANK TURKALY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK TURKALY, APPELLANT,
STATE OF FLORIDA, APPELLEE
615 So. 2d 222
Florida District Court of Appeal, Fifth District (1993)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
In the order placing the defendant on probation in case number 91-1190, we strike special condition number fourteen in the order imposing a $100 “State Attorney’s Fee”. A “State Attorney’s Fee” is not “investigative costs incurred by law enforcement agencies” which is authorized by section 939.01(1), Florida Statutes, as a cost of prosecution, but is an award of attorney’s fees for which there is no statutory or rule authorization. Smith v. State, 606 So. 2d 501 (Fla. 5th DCA1992); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA1992); see also Smith v. State, 614 So. 2d 525, n. 3 (Fla. 5th DCA 1993).
AFFIRMED AS MODIFIED.
W. SHARP and GRIFFIN, JJ. and COWART, Judge, Retired, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gorman Leroy Suits v. State, 616 So. 2d 190 (Fla. 5th DCA 1993)…PER CURIAM. The judgment and sentence are affirmed with the exception of the award of the “state attorney’s fee” in the amount of $250. That special condition of the order of probation is stricken. Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993). AFFIRMED as modified. COBB, PETERSON and THOMPSON, JJ., concur.…
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Poole v. State, 639 So. 2d 96 (Fla. 5th DCA 1994)…DCA 1991).4 On the issue of the payment of costs imposed by the trial court, we vacate the assessment of the $250 state attorney’s fee because this fee is not authorized. Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992). The state contends that, according to the transcript, it is apparent that the trial court was assessing a “cost of prosecution” under section 939.01, Florida [*99] Statutes (19…
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Emmet Rozier v. State, 626 So. 2d 342 (Fla. 5th DCA 1993)…xpenses and lost wages of the mother of the victim are stricken, however. See Watson v. State, 579 So. 2d 900 (Fla. 4th DCA1991); Cliburn v. State, 510 So. 2d 1155 (Fla. 3d DCA1987). We also strike the “state attorney’s fee.” E.g., Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA1993). AFFIRMED in part; REVERSED in part. GOSHORN, PETERSON and GRIFFIN, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992)
- Gibson v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)
- Aurelian Smith, Jr. v. State, 614 So. 2d 525 (Fla. 5th DCA 1993)
- Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)