Adamson v. State

District Court of Appeal of Florida

Adamson v. State

684 So. 2d 900, 1996 Fla. App. LEXIS 13282, 1996 WL 731669

District Court of Appeal of Florida·Decided December 20, 1996·No. No. 96-387·Published

Opinion

DAUKSCH, Judge.

This is an appeal from a criminal conviction wherein the court orally announced that no costs would be imposed and then signed an order imposing costs. Judicial policy requires that oral imposition of sanctions prevail over any subsequent written order to the contrary. Justice v. State, 674 So.2d 123 (Fla.1996); Vasquez v. State, [901] 663 So.2d 1343 (Fla. 4th DCA 1995). A trial court, however, has no discretion to waive costs which are truly mandatory. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We reverse that part of the order imposing discretionary costs. In all other respects the judgment is affirmed.

AFFIRMED in part, REVERSED in part.

COBB and HARRIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAUKSCH, Judge.

This is an appeal from a criminal conviction wherein the court orally announced that no costs would be imposed and then signed an order imposing costs. Judicial policy requires that oral imposition of sanctions prevail over any subsequent written order to the contrary. Justice v. State, 674 So.2d 123 (Fla.1996); Vasquez v. State, [901] 663 So.2d 1343 (Fla. 4th DCA 1995). A trial court, however, has no discretion to waive costs which are truly mandatory. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We reverse that part of the order imposing discretionary costs. In all other respects the judgment is affirmed.

AFFIRMED in part, REVERSED in part.

COBB and HARRIS, JJ., concur.

Adamson v. State, 684 So. 2d 900, 1996 Fla. App. LEXIS 13282, 1996 WL 731669 (Fla. Ct. App. 1996).

Pincite

684 So. 2d 900 (Adamson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related