MARIANNE NICOLE CHARLES
v.
STATE OF FLORIDA
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Trial courts lack authority to impose costs and fines in criminal cases unless the imposition is specifically authorized by statute and the statutory authority is cited in the defendant's written disposition order.
[1] Trial courts lack authority to impose costs and fines in criminal cases unless the imposition is specifically authorized by statute and the statutory authority is cited i…
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Join FLexlaw to unlock all legal intelligence“The law is well settled that trial courts lack the authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the defendant's written disposition order.”
Court's statement of applicable law regarding imposition of costs and fees in criminal cases.
Marianne Nicole Charles was convicted of burglary of a dwelling in Osceola County. The trial court assessed and imposed various costs and fees in both…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MARIANNE NICOLE CHARLES,
Appellant,
v. Case No. 5D19-530
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 9, 2020
Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.
James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Marianne Nicole Charles appeals her conviction of burglary of a dwelling in Osceola County Circuit Court Case No. 2018-CF-002471-A-OS. We affirm that conviction without further comment.
2 Charles also challenges the trial court’s assessment and imposition of certain costs and fees in both her burglary case and separate battery on a law enforcement case, Osceola County Circuit Court Case No. 2018-CF-004389-A-OS. The trial court did not cite most of the applicable statutory or municipal authorities in its orders assessing costs and fees in these two cases. “The law is well settled that trial courts lack the authority to impose costs and fines in criminal cases unless such imposition is specifically authorized by statute and the statutory authority is cited in the defendant’s written disposition order.” J.S. v. State, 920 So. 2d 752, 753 (Fla. 5th DCA 2006). Accordingly, in Case No. 2018- CF-002471-A-OS, the trial court shall strike all costs and fees except for teen court assessment. In Case No. 2018-CF-004389-A-OS, the trial court shall strike all costs and fees except for the teen court assessment and the surcharge authorized by section 938.08, Florida Statutes (2018). On remand, the trial court may reimpose the costs if it follows the proper procedures and cites the proper authority. See, e.g., Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017).
AFFIRMED and REMANDED WITH DIRECTIONS.
ORFINGER, LAMBERT and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- J.S. v. State, 920 So. 2d 752 (Fla. 5th DCA 2006)
- Osterhoudt v. State, 214 So. 3d 550 (Fla. 2017)