E.A.D. v. State

District Court of Appeal of Florida

E.A.D. v. State

1 So. 3d 405, 2009 Fla. App. LEXIS 1048

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 2009

DocketNo. 2D08-814

StatusPublished

This text of 1 So. 3d 405 (E.A.D. 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

E.A.D. v. State, 1 So. 3d 405, 2009 Fla. App. LEXIS 1048 (Fla. Ct. App. 2009).

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Opinion

KELLY, Judge.

E.A.D. appeals the order adjudicating him delinquent of four counts of burglary of a conveyance. We affirm the final order in all respects except for the imposition of $115 in costs.

The disposition order requires that E.A.D. pay $115 in court costs “pursuant to F.S. 775.083(2) Crime Prevention Fund and F.S. 938.03 Crimes Compensation Trust Funds.” The State correctly concedes error in that these statutes authorize the trial court to impose a total of only $100 in costs — $50 pursuant to section 775.083(2), Florida Statutes (2007), which states that “court costs shall be assessed and collected in each instance a defendant ... is ... adjudicated delinquent for ... a felony” and another $50 pursuant to section 938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act.

[406]*406Accordingly, we reverse that part of the order assessing the above costs and remand for correction.

Affirmed in part, reversed in part, and remanded with instructions.

FULMER and WALLACE, JJ., Concur.

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KELLY, Judge.

E.A.D. appeals the order adjudicating him delinquent of four counts of burglary of a conveyance. We affirm the final order in all respects except for the imposition of $115 in costs.

The disposition order requires that E.A.D. pay $115 in court costs “pursuant to F.S. 775.083(2) Crime Prevention Fund and F.S. 938.03 Crimes Compensation Trust Funds.” The State correctly concedes error in that these statutes authorize the trial court to impose a total of only $100 in costs — $50 pursuant to section 775.083(2), Florida Statutes (2007), which states that “court costs shall be assessed and collected in each instance a defendant ... is ... adjudicated delinquent for ... a felony” and another $50 pursuant to section 938.03(1), Florida Statutes (2007), which expressly includes juveniles adjudicated delinquent for any felony or delinquent act.

[406]*406Accordingly, we reverse that part of the order assessing the above costs and remand for correction.

Affirmed in part, reversed in part, and remanded with instructions.

FULMER and WALLACE, JJ., Concur.

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Bluebook (online)

1 So. 3d 405, 2009 Fla. App. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ead-v-state-fladistctapp-2009.