Payton v. State

PATTERSON, Judge.

Bruce Payton appealed from the denial of his motion to suppress and the imposition of court costs. The trial court had withheld adjudication of guilt and imposed costs without probation or other further disposition. On appeal, relying on our pri- or decision in Martin v. State, 600 So.2d 20 (Fla. 2d DCA 1992), we held that an order *522withholding adjudication without imposing probation is not an appealable order. See Payton v. State, 698 So.2d 1229 (Fla. 2d DCA 1997). Therefore, we dismissed Pay-ton’s appeal and, on certiorari review, struck the costs. See id.

On November 5,…