MICHAEL DEWAYNE MCCRAY, 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 written order imposing costs must cite specific statutory authority, and if it does not, the cost must be deleted or the order amended.
Defendant was convicted of marijuana possession and ordered to pay a $100 drug cost. The written order imposing the cost did not cite specific statuto…
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 Statutory Authority For Costs cases and more on FLexlaw
PER CURIAM.
Michael Dewayne McCray (McCray) appeals his conviction for possession of less than twenty grams of marijuana, alleging that competent substantial evidence did not exist for the conviction and that the trial court’s imposition of costs in the amount of $100 (described as a “drug” cost) was improper. We affirm McCray’s conviction and sentence, but reverse and remand on the cost issue. McCray argues that the trial court provided no specific statutory authority in its written order when it imposed the cost. He argues that without specific statutory authority, imposition of the cost is illegal. We agree. Although the trial judge cited statutory authority in his oral pronouncement at sentencing, that authority was not included in the written order. The issue in this case is similar to that in Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995). This court in Wright said:
The law is clear that recovery and allowance of costs in criminal cases must be authorized by statute. Because the order does not point to any specific statutory authority allowing for recovery, the order is reversed and remanded for reference to the applicable statute or for deletion of the unsupported cost.
Id. at 252 (citation omitted).
We reverse and remand for deletion of the cost at issue or for inclusion of specific statutory authority in the written order, as required by Wright.
The order is AFFIRMED in all other respects.
JOANOS, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mitchell v. State, 678 So. 2d 1362 (Fla. 1st DCA 1996)…e constrained to strike the $100.00 for failure to provide the appellant with adequate notice and an opportunity to be heard. Brooks v. State, 676 So. 2d 48 (Fla. 1st DCA 1996); Pollock v. State, 666 So. 2d 1016 (Fla. 1st DCA 1996); McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996). On remand, the state may seek reimposition of appropriate costs in accordance with the procedures set forth in Reyes, 655 So. 2d at 111, and in Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995). Rivers v. State, 677 So. 2d 53…
-
Rivers v. State, 677 So. 2d 53 (Fla. 1st DCA 1996)…ces and other factors in making the decision to assess these discretionary costs. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Additionally, the $500 court costs assessment is fatal because no statutory authority is cited. McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996). The record herein fails to reflect compliance with these requirements. Our disposition herein is without prejudice to reimposition of these costs on remand after following the procedures outlined in Reyes. We also strike the im…
-
Snowden v. State, 685 So. 2d 974 (Fla. 1st DCA 1996)…ppeal except for some errors in the written sentencing documents. First, we reverse and remand the $265 the trial court assessed for “court costs” as no specific statutory authority for its imposition is cited in the written order. McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996)(where order does not point to specific statutory authority allowing for recovery of costs in criminal case, order must be reversed and remanded for reference to applicable statute or deletion of unsupported cost). Although the wr…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mallory Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995)