CALVIN WAYNE PELHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN WAYNE PELHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
696 So. 2d 822
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Counsel for Calvin Wayne Pelham filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting there is no meritorious argument to support the contention that the trial court committed reversible error. However, counsel argues the trial court imposed certain costs without notice to the defendant. We agree and strike the $3.00 discretionary cost imposed pursuant to section 943.25(3), Florida Statutes (1995), the public defender lien in the amount of $150.00, and the $100.00 lab fee. On remand the trial court may reimpose these costs after notice to the defendant and an opportunity to be heard.
THREADGILL, C.J., and PATTERSON and QUINCE, JJ., concur.
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K.M.T. v. State, 695 So. 2d 1309 (Fla. 2d DCA 1997)…indings to support its dispositions. Under section 39.052(4)(e)l., Florida Statutes (1995), if the court finds that adjudication and commitment are appropriate, it must specify its reasons in writing or on the record of the hearing. J.R.C. v. State, 696 So. 2d 822 (Fla. 2d DCA 1997); M.S.M. v. State, 639 So. 2d 189 (Fla. 2d DCA 1994). Further, section 39.052(4)(e)3. permits the court to commit the child at a restrietiveness level different than that recommended by the department only if the court states “the…
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J.C. v. State, 707 So. 2d 967 (Fla. 4th DCA 1998)…)(e)(l), Florida Statutes (Supp.1996). When a trial court finds that adjudication and commitment are appropriate, it must specify its reasons for that conclusion, either on the record or in writing. § 39.052(4)(e)(l), Fla. Stat. See J.R.C. v. State, 696 So. 2d 822 (Fla. 2d DCA 1997); J.M. v. State, 692 So. 2d 308 (Fla. 4th DCA 1997); M.C. v. State, 687 So. 2d 832 (Fla. 4th DCA 1996). The trial court did not specifically state the basis for its decision to adjudicate and commit the appellant. Accordingly, we r…
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J.B., Jr. v. State, 718 So. 2d 1285 (Fla. 5th DCA 1998)…e disposition hearing the court shall consider a predisposition report regarding the suitability of the child for disposition ...” (emphasis added). The requirement that the court first consider a predisposition report is mandatory. J.R.C. v. State, 696 So. 2d 822 (Fla. 2d DCA 1997); B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994); M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993). There is nothing in the record to indicate a knowing and intelligent waiver of this requirement. The predispositional recommenda…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)