Adamson v. State

District Court of Appeal of Florida

Adamson v. State

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

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1996

DocketNo. 96-387

StatusPublished

This text of 684 So. 2d 900 (Adamson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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]*901663 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.

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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]*901663 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.

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Bluebook (online)

684 So. 2d 900, 1996 Fla. App. LEXIS 13282, 1996 WL 731669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adamson-v-state-fladistctapp-1996.

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