Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided February 16, 2017No. CASE NO. 1D15-2546Published

1Opinion of the Court

*326ON MOTION FOR REHEARING

MAKAR, J.

Upon defendant’s conviction, the trial court—at the State’s urging—verbally imposed at sentencing a “venire fee” in the amount of $1,000, ostensibly to offset costs associated with empaneling the jury. The court cited no statutory authority for the fee in the final judgment. Defendant timely, but unsuccessfully, challenged the fee saying it was unauthorized. On appeal, we initially affirmed, but defendant’s motion for rehearing makes evident that authority does not exist for imposition of a “venire fee.”

To begin, the phrase “venire fee” appears nowhere in…

2Cases cited6 opinions

  1. Bradshaw v. StateDistrict Court of Appeal of Florida · 1994
  2. Mickler v. StateDistrict Court of Appeal of Florida · 1996
  3. Carter v. StateDistrict Court of Appeal of Florida · 2015
  4. Davis v. StateDistrict Court of Appeal of Florida · 2010
  5. New Jersey Society for Prevention of Cruelty to Animals v. WilburSupreme Court of New Jersey · 1908

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