A.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2009-08-07
No. 5D08-2920
MONACO, C.J. and COHEN, J., concur.
15 So. 3d 929 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 7 cases


Opinion of the Court
SAWAYA, J.

SAWAYA, J.

A.W., a juvenile adjudicated delinquent for possession of cocaine, contends that the trial court erred in denying his motion for dismissal at the conclusion of the evidence portion of the trial. As to that issue, we affirm without further discussion.

A.W. also contends that the trial court erred in imposing costs of prosecution pursuant to section 938.29, Florida Statutes (2009), in the amount of $150. We agree. It is clear that section 938.29 does not authorize the imposition of costs of prosecution in delinquency cases, and the State concedes that imposition of these costs is error.

Accordingly, the order of delinquency is affirmed. That part of the order assessing the costs of prosecution is reversed.

AFFIRMED in part; REVERSED in part.

MONACO, C.J. and COHEN, J., concur.


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    …). “Probable cause for arrest exists when the totality of the facts and circumstances within an officer’s knowledge would cause a reasonable person to believe that an offense has been [*670] committed by the person being arrested.” Hatcher v. State, 15 So. 3d 929, 931 (Fla. 1st DCA 2009) (emphasis added) (citing Chavez v. State, 832 So. 2d 730, 747 (Fla. 2002)). (6) Officer Jackson’s Knowledge and Perspective. Defendant’s subjective belief about the legality of his actions is irrelevant to probable cause a…
  • Hughes v. State, 132 So. 3d 933 (Fla. 1st DCA 2014)
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