Legal Opinion

White v. State

District Court of Appeal of Florida

Decided December 2, 2009No. 2D08-3608Published

1Opinion of the Court

LaROSE, Judge.

Lacrecia Amanda White seeks review of an order withholding adjudication, placing her on probation, and imposing certain costs. We affirm except for two imposed costs.

The trial court assessed costs of $3 under section 938.01 and $2 under section 938.15, Florida Statutes (2007). These provisions apply only to “convicted persons,” with the inapplicable exception of withheld adjudications for certain traffic violations.

Here, the trial court withheld adjudication. Accordingly, these two cost items cannot stand. See Reyes v. State, 655 So.2d 111, 118 (Fla. 2d DCA 1995) (striking costs…

2Cases cited4 opinions

  1. Reyes v. StateDistrict Court of Appeal of Florida · 1995
  2. Waller v. StateDistrict Court of Appeal of Florida · 2005
  3. J.S. v. StateDistrict Court of Appeal of Florida · 2009
  4. Knaus v. StateDistrict Court of Appeal of Florida · 1992

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