M.D.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-09-01
No. 5D05-3330
SAWAYA, ORFINGER and TORPY, JJ., concur.
936 So. 2d 774 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We strike the assessment of the fine set forth in section 939.185, Florida Statutes (2005), as it has no application in juvenile proceedings. See V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). We affirm the trial court’s order denying suppression of M.D.J.’s statement to law enforcement as we agree that M.D.J. was not the subject of a custodial interrogation.

AFFIRMED; FINE STRICKEN.

SAWAYA, ORFINGER and TORPY, JJ., concur.


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  • T.L.S. a Child v. State, 949 So. 2d 290 (Fla. 5th DCA 2007)
    …is not intended to apply to juveniles. There is no mention of delinquency in the statutory provision and, therefore, based on the holding in V.K.E., this omission indicates the cost is not to be assessed in juvenile proceedings. See M.D.J. v. State, 936 So. 2d 774 (Fla. 5th DCA2006). We reverse that part of the order assessing the costs previously discussed. REVERSED in part. GRIFFIN and EVANDER, JJ., concur. . Although the order captioned "Order Of Charges/Costs/Fees” imposes other costs and fees, those…
  • S.F. v. State, 56 So. 3d 116 (Fla. 3d DCA 2011)
    …round, neither the $65 additional court cost nor the $85 temporary criminal surcharge authorized by Section 939.185(l)(a)-(b), Florida Statutes (2009), may be assessed. See J.W.J. v. State, 994 So. 2d 1223, 1227 (Fla. 1st DCA 2008); M.D.J. v. State, 936 So. 2d 774, 775 (Fla. 5th DCA 2006); T.L.S., 949 So. 2d at 292-93. This is also true as to the $3 teen courts fee, see section 938.19, Florida Statutes (2009), which also fails because Miami-Dade. County has not, as section 938.19 requires, specifically electe…

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