STEVEN K. NAVICKY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal Steven Navicky claims that the trial court erred when instructing the jury on his entrapment defense. We affirm on that issue without further discussion. Navicky also complains that the court improperly taxed him with a cost pursuant to section 939.185, Florida Statutes (2004).1 We agree. That statute is applicable to crimes committed after July 1, 2004. Waller v. State, 911 So. 2d 226, 229 (Fla. 2d DCA 2005); see also Cutwright v. State, 934 So. 2d 667, 668 (Fla. 2d DCA 2006). Navicky’s crime was committed on November 23, 2003. Accordingly, we strike the $65 court cost imposed pursuant to section 939.185, and remand to the circuit court to correct the judgment.
Affirmed in part, cost stricken, and remanded.
NORTHCUTT, KELLY, and LaROSE, JJ., Concur. . Navicky preserved this issue for appeal by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Watts v. State, 973 So. 2d 1271 (Fla. 2d DCA 2008)…argues that the trial court erred in imposing a $65 county court cost pursuant to section 939.185(l)(a), Florida Statutes (2004). This statute authorizes the imposition of county court costs to crimes committed after July 1, 2004. Navicky v. State, 949 So. 2d 1047, 1048 (Fla. 2d DCA 2006). We strike this cost because Watts committed the subject crimes on February 7, 2003, before the statute became effective. Watts also challenges a $15 court facilities surcharge authorized by section 318.18(13)(a), Florida S…
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Stempler v. State, 955 So. 2d 654 (Fla. 2d DCA 2007)…ght v. State, 934 So. 2d 667, 668 (Fla. 2d DCA 2006), finding that because “[cjosts may not be imposed where the authorizing statutes were enacted after the date of the offense,” the costs imposed in Griffin were improper. See also Navicky v. State, 949 So. 2d 1047 (Fla. 2d DCA 2006). The information charged Stempler with committing certain offenses between June 1, 2000, and December 31, 2000. Section 938.08 did not become effective until July 1, 2001. See ch. 2001-50, § 5, Laws of Fla. The trial court senten…
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Marsh v. State, 965 So. 2d 1284 (Fla. 2d DCA 2007)…nges the trial court’s order imposing a $65 cost “pursuant to F.S. 939.185(1).” Section 939.185 became effective on July 1, 2004, ch.2004-265, § 88, at 1022-23, Laws of Fla., and is effective as to crimes committed after that date, Navicky v. State, 949 So. 2d 1047, 1048 (Fla. 2d DCA 2006). Marsh’s crime was committed on July 23, 2003, before the statute came into existence. Therefore, the cost was erroneously imposed. Marsh also challenges the trial court’s order imposing a $50 cost “pursuant to F.S. 775.083…
Authorities Cited
- Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)
- Cutwright v. State, 934 So. 2d 667 (Fla. 2d DCA 2006)