Legal Opinion · Concurrence

I.B. v. State

District Court of Appeal of Florida

Decided February 6, 2002No. 4D00-4497Published

1ConcurrenceGross, J.

I concur with the majority and write to explain why we have departed from the second district and do not impose the requirement that the statutory authority for certain costs be specified in the disposition order.

This is not a point of earth shattering ramifications. It is interesting because it highlights a common glitch that unintentionally changes the law in Florida, often for the worse. The glitch usually arises in short appellate opinions.

Trial courts are busy places. Appellate courts should rarely impose mandatory requirements for sentencing orders that are not imposed by a statute. To…

2Cases cited5 opinions

  1. Sutton v. StateDistrict Court of Appeal of Florida · 1994
  2. Brown v. StateDistrict Court of Appeal of Florida · 1987
  3. R.T.D. v. StateDistrict Court of Appeal of Florida · 1996
  4. Williams v. StateDistrict Court of Appeal of Florida · 1995
  5. Allen v. StateDistrict Court of Appeal of Florida · 1987

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