4D08-427-Perron v. State*

State: Florida

Court: Florida Southern District Court

Docket No: 4D08-427.op

Case Date: 12/03/2008

Plaintiff: 4D08-427-Perron

Defendant: State*

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2008

ALBERT J. PERRON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-427 [December 3, 2008] POLEN, J. Appellant, Albert Perron, appeals the trial court's order assessing payment of fees, costs, and attorney's fees following his prosecution and commitment under the Sexually Violent Predator Act. This court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). Perron was prosecuted b y th e state under th e Sexually Violent Predator Act. The State sought Perron's involuntary commitment to the custody of DCF. Following a jury trial, Perron was found to be a sexually violent predator. After the trial court entered its order committing Perron to DCF custody, Perron's counsel informed the trial court that Perron had no objection to the imposition of an order assessing him with fees, costs and attorney's fees. The trial court asked Perron directly and he confirmed that he had no objection. Accordingly, the trial court entered a final judgment assessing a total of $2305.00 against Perron. Perron now timely appeals the trial court's order assessing fees and costs. The state properly concedes there is no statutory authorization for the trial court's assessment of fees against Perron, and we agree. The Sexually Violent Predators Act holds DCF responsible for all costs incurred in such a proceeding.

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