DAVID ADAM ROCHETTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID ADAM ROCHETTI, APPELLANT,
STATE OF FLORIDA, APPELLEE
689 So. 2d 1124
Florida District Court of Appeal, Fifth District (1997)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In this Anders appeal, the trial court orally imposed “standard costs” without any reference to authority or amount. The probation order included $250 for investigative costs and $150 for law enforcement investigative costs. There is no oral or written request in the record for such costs, no documentation to support the costs, and no finding of Ro-ehetti’s ability to pay these costs. The costs were imposed without compliance with section 939.01, Florida Statutes (1995) and must be stricken. See Adams v. State, 676 So. 2d 541 (Fla. 5th DCA 1996); Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996).
JUDGMENT, SENTENCE and PROBATION ORDER AFFIRMED; CONDITIONS 17 AND 18 STRICKEN.
PETERSON, C.J., and GOSHORN and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Tommie v. Johnson, 712 So. 2d 380 (Fla. 1998)…SHAW, Justice. We have for review Johnson v. State, 689 So. 2d 1124 (Fla. 4th DCA 1997), based on conflict with Gibbs v. State, 698 So. 2d 1206 (Fla.1997), and Paccione v. State, 698 So. 2d 252 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Johnson. [*381] On September 6, 1995, Deputy Moor…1 / 2
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Altman v. State, 36 So. 3d 894 (Fla. 4th DCA 2010)…evidence and arguments. The defendant also appeals the inclusion of a statutory surcharge in the written sentence on the trafficking charge. We affirm the inclusion of that surcharge even though it was not orally pronounced. See Johnson v. State, 689 So. 2d 1124, 1126 (Fla. 4th DCA 1997) (“Because the surcharge is mandatory, the trial court was not obligated to announce it orally to include it in the written sentence.”), quashed on other grounds, 712 So. 2d 380 (Fla.1998); but see Benton v. State, 708 So. 2…
Authorities Cited
- Jacques F. Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996)
- J.E.P. v. State, 676 So. 2d 541 (Fla. 5th DCA 1996)
- M.J.D. v. State, 676 So. 2d 541 (Fla. 5th DCA 1996)