R.A.V., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed a juvenile disposition order withholding adjudication of delinquency for simple battery but remanded to strike $20.00 in costs improperly imposed under section 775.083(2), Florida Statutes, which may only be assessed upon an adjudication of delinquency.
Costs under section 775.083(2), Florida Statutes, cannot be imposed in a juvenile case where adjudication of delinquency is withheld.
[1] Costs under section 775.083(2), Florida Statutes, may be assessed against a juvenile only upon an adjudication of delinquency and must be struck where adjudication is wit…
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Join FLexlaw to unlock all legal intelligenceA juvenile was found to have committed simple battery, the trial court withheld adjudication of delinquency, and placed the appellant on probation whi…
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The trial court issued a juvenile disposition order finding the allegations of simple battery to be true, withholding an adjudication of delinquency, and placing the appellant on probation. Counsel for the appellant filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), noting that an adjudication of delinquency was withheld. After a full and independent review of the record, we affirm the disposition order but remand to the trial court with instructions to correct a relatively minor sentencing error by striking costs in the amount of $20.00 imposed pursuant to the Crime Prevention Fund and section 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 can be assessed against a juvenile only upon an adjudication of delinquency).
AFFIRMED and REMANDED with instructions to strike costs assessed under section 775.083(2).
KAHN, BENTON, and CLARK, JJ„ concur.
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Taylor v. Cesery, 997 So. 2d 520 (Fla. 1st DCA 2008)
- J.S. v. State, 19 So. 3d 380 (Fla. 2d DCA 2009)