Cruz v. State, 2D01-938.
| Decision Date | 13 November 2002 |
| Docket Number | No. 2D01-938.,2D01-938. |
| Citation | 830 So.2d 892 |
| Parties | Nicolas CRUZ, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Richard E. Doran, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.
Nicholas Cruz challenges his judgment and sentence for felony habitual driving with license revoked. We affirm Cruz's judgment and sentence without discussion, but strike certain costs which were improperly imposed.
The trial court imposed a discretionary $2 fine pursuant to section 775.083, Florida Statutes (1999), and a discretionary $150 cost under section 939.18, Florida Statutes (1999), without orally pronouncing these costs at sentencing. Therefore, we strike the imposition of these discretionary costs. See Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995) (en banc) ().
We also strike the requirement that the defendant pay $54 in investigative costs because, although the State requested this cost, it failed to provide supporting documentation. See King v. State, 696 So.2d 860 (Fla. 2d DCA 1997) ().
Finally, we strike a $3 "teen court" cost/fine which was imposed without citation to statutory authority. See Armstrong v. State, 696 So.2d 913 (Fla. 2d DCA 1997) ().
Affirmed in part, reversed in part and remanded.
To continue reading
Request your trial
-
Mojica v. State
...failed to follow this procedure, and so the fine and surcharge from Mr. Mojica's judgment must be stricken. See Cruz v. State, 830 So.2d 892, 892–93 (Fla. 2d DCA 2002) ; Nix v. State, 84 So.3d 424, 425–26 (Fla. 1st DCA 2012).Finally, with respect to the imposition of the indigent legal assi......
-
Meier v. State, 2D03-4520.
...the $150 court facility fee because it is a discretionary cost that the trial court failed to pronounce orally. See Cruz v. State, 830 So.2d 892, 892-93 (Fla. 2d DCA 2002); Edwards v. State, 814 So.2d 1197, 1198 (Fla. 2d DCA We also strike the $800 public defender fee. The State concedes th......
-
Stewart v. State, 2D04-4525.
...order the defendant to pay such fine if the court finds that the defendant has the ability to pay the fine...." See Cruz v. State, 830 So.2d 892, 892 (Fla. 2d DCA 2002) (noting that a "fine pursuant to section 775.083, Florida Statutes (1999)," that was identical to the 2003 version, was di......
-
Stewart v. State, 2D04-2522.
...the trial court did cite to the statutory authority for the fee, and this is sufficient to support its imposition. See Cruz v. State, 830 So.2d 892, 893 (Fla. 2d DCA 2002) (citing Armstrong v. State, 696 So.2d 913 (Fla. 2d DCA 1997)). However, we note that a recent opinion of this court dir......