State ex rel. Cavanaugh v. Coe

District Court of Appeal of Florida

State ex rel. Cavanaugh v. Coe

439 So. 2d 313, 1983 Fla. App. LEXIS 22513

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1983

DocketNo. 83-1569

StatusPublished

Cited by2 cases

This text of 439 So. 2d 313 (State ex rel. Cavanaugh v. Coe) 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

State ex rel. Cavanaugh v. Coe, 439 So. 2d 313, 1983 Fla. App. LEXIS 22513 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

This petition for writ of mandamus is brought by an acquitted defendant seeking to compel the circuit court judge to issue a certificate of taxable costs pursuant to section 939.06, Florida Statutes (1981), which provides as follows:

939.06 Acquitted defendant not liable for costs. — No defendant in a criminal prosecution who is acquitted or discharged shall be liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody. If he shall have paid any taxable costs in the case, the clerk or judge shall give him a certificate of the payment of such costs, with the items thereof, which, when audited and approved according to law, shall be refunded to him by the county.

The trial judge refused to issue the certificate on the theory that there was discretion to deny such costs when “... a person who factually is guilty ...” is found not guilty by the jury. We find no such exception express or implied in the statute. Therefore, we grant the petition and direct the trial judge to give petitioner a certificate of taxable costs which he may submit to the county for reimbursement.

MANDAMUS GRANTED.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

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