MARK KAPUSCINSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK KAPUSCINSKI, APPELLANT,
STATE OF FLORIDA, APPELLEE
693 So. 2d 122
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, Judge.
Mark Kapuscinski has appealed from the denial of his motion to suppress, which we affirm. He has further contended, and the state has conceded, that the court erred in imposing costs of $105.00 without citation to statutory authority. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Accordingly, we reverse the costs order and remand. The state may seek reimposition of the costs with reference to the proper authority. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994).
Affirmed in part and remanded for further proceedings.
DANAHY, A.C.J. and ALTENBERND, J., concur.
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Stoutamire v. State, 710 So. 2d 744 (Fla. 1st DCA 1998)…ules of Criminal Procedure, and might have been considered as such by the trial court had the notary’s certificate reflected that he took an oath that substantially complied with Florida Rules of Criminal Procedure 3.987, see Zipperer v. Singletary, 693 So. 2d 122 (Fla. 1st DCA 1997); Hall v. State, 643 So. 2d 635 (Fla. 1st DCA 1994) (on rehearing). Since it does not substantially comply, we must affirm; however, our affir-mance is without prejudice to file a properly sworn rule 3.850 motion before the time e…
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Avissmael Diaz v. State, 768 So. 2d 1231 (Fla. 3d DCA 2000)…ppropriate issues for review, supporting facts, memorandum of law, and an unnotarized oath at the conclusion which substantially complies with Florida Rule of Criminal Procedure 3.987. See also § 92.525(2), Fla. Stat. (1999); Zipperer v. Singletary, 693 So. 2d 122 (Fla. 1st DCA 1997). We therefore reverse the order summarily denying relief and re [*1232] mand for consideration of the postconviction petition on the merits. Reversed and remanded. . Excerpt of Proceedings of July 18, 2000 which reads: "On…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)