Turkaly v. State, 92-683
| Decision Date | 05 March 1993 |
| Docket Number | No. 92-683,92-683 |
| Citation | 615 So.2d 222 |
| Parties | 18 Fla. L. Week. D648 Frank TURKALY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, George D.E. Burden and S.C. VanVoorhees, Asst. Public Defenders, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.
In the order placing the defendant on probation in case number 91-1190, we strike special condition number fourteen in the order imposing a $100 "State Attorney's Fee". A "State Attorney's Fee" is not "investigative costs incurred by law enforcement agencies" which is authorized by section 939.01(1), Florida Statutes, as a cost of prosecution, but is an award of attorney's fees for which there is no statutory or rule authorization. Smith v. State, 606 So.2d 501 (Fla. 5th DCA1992); Smith v. State, 606 So.2d 427 (Fla. 1st DCA1992); see also Smith v. State, 614 So.2d 525, n. 3 (Fla. 5th DCA 1993).
AFFIRMED AS MODIFIED.
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...state attorney's fee because this fee is not authorized. Hollingsworth v. State, 622 So.2d 129 (Fla. 5th DCA 1993); Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So.2d 501 (Fla. 5th DCA 1992). The state contends that, according to the transcript, it is apparent th......
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...4th DCA1991); Cliburn v. State, 510 So.2d 1155 (Fla. 3d DCA1987). We also strike the "state attorney's fee." E.g., Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA1993). AFFIRMED in part; REVERSED in GOSHORN, PETERSON and GRIFFIN, JJ., concur. ...
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Van Ginhoven v. State, 93-1148
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Trigueros v. State
...fees to the state. Smith v. State, 606 So.2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So.2d 211 (Fla.1993); see also Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993). AFFIRMED IN PART; REVERSED IN PART; ANSTEAD, HERSEY and FARMER, JJ., concur. ...