5D05-453 J.S. v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-453

Case Date: 02/06/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 J.S., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 10, 2006 Appeal from the Circuit Court for Orange County, Anthony H. Johnson, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D05-453

PALMER, J. J.S. (defendant) appeals his juvenile delinquency adjudication, arguing that the trial court imposed an unauthorized $500.00 fine. Concluding that the trial court's imposition of said fine was improper, we strike it. The State filed a petition for delinquency against the defendant charging him with committing the crime of throwing a deadly missile into an occupied vehicle. The matter proceeded to trial. Upon review of the evidence presented, the trial court adjudicated the defendant guilty as charged.

The court thereafter placed the defendant on probation for a term of one year and ordered him to pay statutory court costs and fees. Of particular importance to the instant appeal, the court also imposed an additional "court cost". In that regard, during the dispositional hearing, the trial court expressed its intention to impose an additional cost onto the defendant's sentence as follows: When I'm working, there are 12 people working the taxpayers pay for. So I'm going to require that he pay for that. I figure that costs about $1,000. However, when the court was advised that the normal statutory court costs totaled $360.00, the court decided to assess an additional $500.00 cost instead of a $1,000.00 cost: I'm going to add $500. I won't make it 1,000; I'll make it 500. But the concept is

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