Tibero v. State, 94-392
| Decision Date | 16 December 1994 |
| Docket Number | No. 94-392,94-392 |
| Parties | 19 Fla. L. Weekly D1670, 19 Fla. L. Weekly D2619 Ronald TIBERO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
We granted the State's motion for rehearing in this cause and, because there is a recurring problem in the trial court's grant of costs in criminal cases, we elect to consider this case en banc. After considering the supplemental briefing and en banc oral argument, we conclude, as did the original panel, that the assessment by the trial court of a $48.00 deposit to First Step of Volusia County, Inc. is beyond the authority of the court.
We are unable to agree with the State that the court's inherent authority justifies this award. While we agree that the court has inherent authority to order those things "that are reasonably necessary for the administration of justice within the scope of its jurisdiction," 1 the deposit to First Step simply does not meet this condition. The State presented no other authority for the assessment. The requirement for such deposit, therefore, is stricken from the conditions of probation.
In all other respects, the judgment and order of probation are affirmed.
AFFIRMED as modified.
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...of probation in Case 94-31038 that requires Young to pay $60.00 to First Step of Volusia County, Inc., as unauthorized. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994). AFFIRMED in part; REMANDED for Resentencing in Cases 94-31038 and 94-31931; Special Condition of Probation in Case 94-3......
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