J.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court may impose court costs on a juvenile under section 775.083(2), Florida Statutes, only when the juvenile is adjudicated delinquent.
The trial court assessed $50 in court costs against J.C., a juvenile, under section 775.083(2), Florida Statutes, but withheld adjudication of delinqu…
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We reverse the trial court’s assessment of $50 in court costs against J.C. under section 775.083(2), Florida Statutes (2008), because a trial court may impose court costs on a juvenile under this section only when he or she 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, 292 (Fla. 5th DCA 2007). The trial court withheld J.C.’s adjudication in this case.
While the State concedes the trial court’s error, it nonetheless argues that the court should have imposed on J.C. the $50 statutorily-mandated cost for the Crimes Compensation Trust Fund under section 938.03(1), Florida Statutes (2008). We need not address this issue because the State did not raise this argument on cross appeal, or in a motion to correct disposition or commitment error under Florida Rule of Juvenile Procedure 8.135(b) filed prior to or pending the instant appeal.
Accordingly, we reverse and remand for the trial court to strike the $50 court cost assessment against J.C. under section 775.083(2).
Reversed.
WARNER and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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J.Z. v. State, 46 So. 3d 1218 (Fla. 4th DCA 2010)…75.083(2), Florida Statutes (2008), provides for the assessment of court costs when a juvenile is adjudicated delinquent. Here, the trial court withheld adjudication of delinquency. The award of court costs must therefore be reversed. J.C. v. State, 32 So. 3d 196 (Fla. 4th DCA 2010). Affirmed in part and Reversed in part. MAY, DAMOORGIAN and GERBER, JJ., concur.…
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V.M.S. v. State, 43 So. 3d 938 (Fla. 4th DCA 2010)…lso reverse the portion of the sentence assessing $50 for the Crimes Compensation Trust Fund. A court may assess that cost against a juvenile only when the juvenile has been adjudicated delinquent. See § 775.083(2), Fla. Stat. (2008); J.C. v. State, 32 So. 3d 196 (Fla. 4th DCA 2010); C.M.S. v. State, 997 So. 2d 520 (Fla. 2d DCA 2008). Because the judge withheld adjudication in the original sentence, the cost should not have been imposed against appellant. We reverse the amended probation order with instruct…
Authorities Cited
- 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)