From Casetext: Smarter Legal Research

Stevens v. State

District Court of Appeal of Florida, Fourth District
Jan 4, 1995
647 So. 2d 335 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-0860.

January 4, 1995.

Appeal from the Circuit Court for Indian River County; James B. Balsiger, Judge.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant, John Stevens, pled no contest to fraudulent use of a credit card. He was adjudicated guilty and sentenced to time served followed by a three year period of probation. In this appeal, Stevens challenges the trial court's imposition of $200 in prosecution costs. We agree with appellant that it was improper for the trial court to impose $200 in prosecution costs without taking any evidence to support such costs. See Section 939.01(6), Fla. Stat. (1993); Pickrel v. State, 609 So.2d 65 (Fla. 4th DCA 1992); Smith v. State, 543 So.2d 348 (Fla. 5th DCA 1989).

Accordingly, we strike the portion of the final judgment imposing $200 in prosecution costs. In all other respects, the conviction and sentence are affirmed.

STONE, FARMER and STEVENSON, JJ., concur.


Summaries of

Stevens v. State

District Court of Appeal of Florida, Fourth District
Jan 4, 1995
647 So. 2d 335 (Fla. Dist. Ct. App. 1995)
Case details for

Stevens v. State

Case Details

Full title:JOHN STEVENS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 4, 1995

Citations

647 So. 2d 335 (Fla. Dist. Ct. App. 1995)

Citing Cases

Tarrant v. State

00 costs of prosecution was erroneous on grounds that before such costs could be imposed, it was obligated to…