TYRONE LUCK
v.
STATE OF FLORIDA
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The trial court must identify the statutory authority for all costs imposed, whether mandatory or discretionary, in the written order.
[1] The statutory authority for all costs imposed in a criminal judgment, whether mandatory or discretionary, must be cited in the written order.
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Court's statement of the legal requirement regarding cost citations in judgment orders
Tyrone Luck was convicted in County Court for Duval County and appealed his judgment and sentence. The appellate court reviewed the case on an Anders …
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PER CURIAM.
In this Anders1 appeal, we affirm Tyrone Luck’s judgment and sentence. We remand, however, for the trial court to identify the
statutory authority for costs imposed in his judgment and sentence. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Johnson v. State, 322 So. 3d 243 (Fla. 5th DCA 2021) (quoting Garrett v. State, 262 So. 3d 267, 267 (Fla. 5th DCA 2019)).
AFFIRMED and REMANDED with instructions.
WALLIS, HARRIS, and MACIVER, JJ., concur.
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Citator
Cited By
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Luck v. State (Fla. 5th DCA 2023)…alifornia, 386 U.S. 738 (1967). statutory authority for costs imposed in his judgment and sentence. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Johnson v. State, 322 So. 3d 243 (Fla. 5th DCA 2021) (quoting Garrett v. State, 262 So. 3d 267, 267 (Fla. 5th DCA 2019)). AFFIRMED and REMANDED with instructions. WALLIS, HARRIS, and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and a…
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Luck v. State (Fla. 5th DCA 2023)…alifornia, 386 U.S. 738 (1967). statutory authority for costs imposed in his judgment and sentence. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Johnson v. State, 322 So. 3d 243 (Fla. 5th DCA 2021) (quoting Garrett v. State, 262 So. 3d 267, 267 (Fla. 5th DCA 2019)). AFFIRMED and REMANDED with instructions. WALLIS, HARRIS, and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and a…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Garrett v. State, 262 So. 3d 267 (Fla. 5th DCA 2019)
- Luck v. State (Fla. 5th DCA 2023)