J.S., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that costs assessed under section 775.083(2) must be stricken when adjudication is withheld, and the $20 cost cannot be imposed for a felony offense.
A juvenile was placed on probation after adjudication was withheld. The trial court assessed $50 and $20 costs under section 775.083(2), Florida Statu…
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In an Anders 1 appeal, J.S., a juvenile, seeks review of the trial court’s order withholding adjudication and placing him on probation. He also seeks review of the trial court’s imposition of certain costs. We affirm the disposition without comment but remand with directions to strike two imposed costs.
The trial court withheld adjudication, placed J.S. on probation, and assessed court costs of $50 and $20 under section 775.083(2), Florida Statutes (2006). These costs may only be assessed when the juvenile is adjudicated delinquent. See C.M.S. v. State, 997 So.2d 520, 521 (Fla. 2d DCA 2008); T.L.S. v. State, 949 So.2d 290, 291-92 (Fla. 5th DCA 2007). Here, adjudication was withheld. Also, J.S. was charged with a single felony count. Even if J.S. had been adjudicated delinquent, the $20 cost could not be imposed because it is applicable only to offenses other than felonies. See § 775.083(2). Accordingly, we affirm the disposition, but we remand the case to the trial court with instructions to strike the imposed costs of $50 and $20.
Affirmed; remanded with instructions to strike costs.
DAVIS and SILBERMAN, JJ., Concur.
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S.F. v. State, 56 So. 3d 116 (Fla. 3d DCA 2011)…erit. First, we agree that the $20 crimes prevention program cost, see section 775.083(2), Florida Statutes (2009), does not apply to juvenile withholds of adjudication like this. See J.Z. v. State, 46 So. 3d 1218 (Fla. 4th DCA 2010); J.S. v. State, 19 So. 3d 380 (Fla. 2d DCA 2009); T.L.S. v. State, 949 So. 2d 290, 292 (Fla. 5th DCA 2007). On the same ground, 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…
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R.A.V. v. State, 22 So. 3d 140 (Fla. 1st DCA 2009)…on 775.083(2), Florida Statutes (2008). See In re Anders Briefs, 581 So. 2d 149, 152 (Fla.1991) (directing appellate courts to follow Anders procedure even where costs and other minor sentencing errors are raised in the Anders brief); J.S. v. State, 19 So. 3d 380 (Fla. 2d DCA 2009) (remanding with directions to strike costs imposed under section 775.083(2), where the adjudication of delinquency was withheld); C.M.S. v. State, 997 So. 2d 520, 521 (Fla. 2d DCA 2008) (noting that such costs under that statute c…
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Lacrecia Amanda White v. State, 22 So. 3d 157 (Fla. 2d DCA 2009)…y upon conviction), superseded by statute, § 938.15, Fla. Stat. (1997), on other grounds as recognized in Waller v. State, 911 So. 2d 226, 227 (Fla. 2d DCA 2005); Knaus v. State, 608 So. 2d 557, 558 (Fla. 2d DCA 1992) (same); see also J.S. v. State, 19 So. 3d 380, 380 (Fla. 2d DCA 2009) (striking costs imposed upon withhold of adjudication in juvenile context where statute authorized imposition only upon adjudication). Judgment and sentence affirmed; specified costs stricken. WHATLEY and MORRIS, JJ„ Conc…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- T.L.S. a Child v. State, 949 So. 2d 290 (Fla. 5th DCA 2007)
- Taylor v. Cesery, 997 So. 2d 520 (Fla. 1st DCA 2008)