Legal Opinion

Orona v. State

District Court of Appeal of Florida

Decided December 5, 2007No. 2D05-5866Published

1Opinion of the Court

LaROSE, Judge.

Joseph George Orona was adjudicated guilty and sentenced to a ten-year prison term as a habitual offender for battery on a law enforcement officer and resisting an officer with violence. He appeals the imposition of a $1050 fine and five percent surcharge. Neither section 775.084, Florida Statutes (2004), nor any companion statute authorizes the fine and surcharge. Therefore, we reverse.

The final judgment and sentence imposes the fine and surcharge purportedly under the authority of section 775.083. That section grants the trial court discretion to impose fines in addition to…

2Cases cited3 opinions

  1. Webster v. StateDistrict Court of Appeal of Florida · 1998
  2. Willits v. StateDistrict Court of Appeal of Florida · 2004
  3. Baker v. StateDistrict Court of Appeal of Florida · 2006

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