DONALD A. GARREPY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Garrepy seeks review of a circuit court order dismissing his appeal of a county court judgment for resisting an officer without violence. The court holds that costs imposed in an order withholding adjudication cannot be assessed before a final judgment of conviction, and the circuit court departed from the essential requirements of law by dismissing the appeal without reviewing the cost issue via certiorari.
The circuit court departed from the essential requirements of law by dismissing the entire appeal without reviewing the costs via certiorari. Costs imposed in a non-final order withholding adjudication are subject to review by certiorari and must be struck as illegally imposed when no final adjudication of guilt has occurred.
[1] A circuit court departs from the essential requirements of law by dismissing an entire appeal, including costs and fees, when no final order of adjudication has been ente…
[2] A person cannot be compelled to pay costs before a judgment of conviction has become final.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Article I, § 19, Florida Constitution, prohibits courts from compelling a person to pay costs before a judgment of conviction has become final.”
Establishes the constitutional prohibition on assessing costs before final conviction, the core legal principle in the case.
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Join FLexlaw to unlock all legal intelligenceGarrepy was found guilty of resisting an officer without violence, a misdemeanor in county court. The county court entered an order withholding adjudi…
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COBB, Judge.
Donald A Garrepy seeks review of an appellate order of the circuit court dismissing an appeal of a judgment of the county court.1 We find the circuit court departed from the essential requirements of law by dismissing the entire appeal including the imposition of costs and fees where no final order of adjudication was entered; therefore, we grant the petition for writ of certiorari in part as to the cost issue and quash that portion of the circuit court’s order of dismissal. See Haines City Community Development v. Heggs, 658 So. 2d 528 (Fla.1995).
Garrepy was found guilty of resisting an officer without violence, a misdemeanor. The county court entered an order withholding adjudication and ordering Garrepy to report to resolution counseling. The county court’s order of disposition assessed $272.50 in costs and fines. The trial court also entered a final judgment assessing $838.98 in attorney’s fees against Garrepy. Pursuant to an appeal of the order of disposition and judgment, the circuit court dismissed Garre-py’s appeal on the basis that the county court’s rulings were not appealable because adjudication was withheld.
Article I, § 19, Florida Constitution, prohibits courts from compelling a person to pay costs before a judgment of conviction has become final. The circuit court’s refusal to review the costs imposed in a non-final order withholding adjudication represents a departure from the essential requirements of law. In the case of Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992), the defendant, in circuit court, was found guilty of petit theft. The trial court entered an order withholding adjudication and imposing court costs. The defendant appealed. The Second District dismissed the appeal to the extent that review of the jury verdict was sought because the order withholding adjudication was not final, there being no adjudication of guilt nor sentence imposed. However, the court did treat the appeal as a petition for writ of certiorari insofar as the costs were concerned. The court struck the costs as illegally imposed because there was no final judgment of conviction entered. Likewise, Garrepy is entitled to a review of those costs imposed without a final adjudication of guilt. The circuit court, in its appellate capacity, should have reviewed those costs by certiorari as did the court in Martin. See Fla.R.App. P. 9.040(c).
Accordingly, we grant the petition for writ of certiorari in part and quash the circuit court’s order of dismissal as to the issue of costs.
PETITION FOR WRIT OF CERTIORA-RI GRANTED IN PART; ORDER QUASHED IN PART.
PETERSON, C.J., and ANTOON, J., concur. . We have elected to treat Garrepy’s notice of appeal of the circuit court’s appellate order of dismissal as a petition for writ of certiorari.
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Citator
Cited By
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Thomas v. Suwannee Cnty., 734 So. 2d 492 (Fla. 1st DCA 1999)…o exist if count six or other portions of the “complaint and/or appeal” are deemed a petition for writ of certiorari. See generally Holden Ave. Inter-Neighborhood Council, Inc. v. Orange County, 719 So. 2d 1002 (Fla. 5th DCA 1998); Garrepy v. State, 679 So. 2d 353 (Fla. 5th DCA 1996). See also Fla. R.App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought....”); Fla. R. Civ. P. 1.110(a) (“technical forms for seeking relief and of ... pleadings…
Authorities Cited
- Jeffalon Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992)