BRUCE E. PAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Judge.
Bruce Payton appealed from the denial of his motion to suppress and the imposition of court costs. The trial court had withheld adjudication of guilt and imposed costs without probation or other further disposition. On appeal, relying on our pri-or decision in Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992), we held that an order withholding adjudication without imposing probation is not an appealable order. See Payton v. State, 698 So. 2d 1229 (Fla. 2d DCA 1997). Therefore, we dismissed Pay-ton’s appeal and, on certiorari review, struck the costs. See id.
On November 5, 1998, our supreme court disapproved Martin in State v. Schultz, 720 So. 2d 247 (Fla.1998), and held that an order withholding adjudication of guilt without imposing probation is an appealable order under Florida Rule of Appellate Procedure 9.140(b)(1)(C). Thus, in Payton v. State, 24 Fla. L. Weekly S101, 732 So. 2d 1044 (Fla. 1999), the supreme court quashed our decision and remanded to this court for further proceedings.
We now review Payton’s claims on their merits and affirm the trial court in all respects, including the imposition of court costs in the amount of $253.
Affirmed.
CAMPBELL, A.C.J., and NORTHCUTT, J., Concur.
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Citator
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Williams v. State, 884 So. 2d 374 (Fla. 2d DCA 2004)…his unnotarized oath was added to the standard form by the supreme court in 1993. See State v. Shearer, 628 So. 2d 1102 (Fla.1993). Thus, the State’s motion was without merit. See Armey v. State, 880 So. 2d 1269 (Fla. 2d DCA 2004); Patmore v. State, 735 So. 2d 521 (Fla. 2d DCA 1999). To further complicate matters, it is well established that a motion that is actually unsworn should not be stricken, but should be dismissed without prejudice. See Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). Most trial…
Authorities Cited
- Payton v. State, 732 So. 2d 1044 (Fla. 1999)
- Weiand v. State, 732 So. 2d 1044 (Fla. 1999)
- State v. Schultz, 720 So. 2d 247 (Fla. 1998)
- Jeffalon Martin v. State, 600 So. 2d 20 (Fla. 2d DCA 1992)