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Rochetti v. State

District Court of Appeal of Florida, Fifth District
Feb 14, 1997
689 So. 2d 1124 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2032

Opinion filed February 14, 1997 Rehearing Denied March 19, 1997

Appeal from the Circuit Court for Volusia County, S. James Foxman, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.


In this Anders appeal, the trial court orally imposed "standard costs" without any reference to authority or amount. The probation order included $250 for investigative costs and $150 for law enforcement investigative costs. There is no oral or written request in the record for such costs, no documentation to support the costs, and no finding of Rochetti's ability to pay these costs. The costs were imposed without compliance with section 939.01, Florida Statutes (1995) and must be stricken. See Adams v. State, 676 So.2d 541 (Fla. 5th DCA 1996); Golden v. State, 667 So.2d 933 (Fla. 2d DCA 1996).

JUDGMENT, SENTENCE and PROBATION ORDER AFFIRMED; CONDITIONS 17 AND 18 STRICKEN.

PETERSON, C.J., GOSHORN and HARRIS, JJ., concur.


Summaries of

Rochetti v. State

District Court of Appeal of Florida, Fifth District
Feb 14, 1997
689 So. 2d 1124 (Fla. Dist. Ct. App. 1997)
Case details for

Rochetti v. State

Case Details

Full title:DAVID ADAM ROCHETTI, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 14, 1997

Citations

689 So. 2d 1124 (Fla. Dist. Ct. App. 1997)