T.J. v. State

Full title: T.J., Appellant, v. STATE OF FLORIDA, Appellee,

Court: Florida Court of Appeals, Second District

Date published: Sep 1, 2023

No. 2D22-2118 (Fla. Dist. Ct. App. Sep. 1, 2023)

Opinion

2D22-2118

09-01-2023

T.J., Appellant, v. STATE OF FLORIDA, Appellee,

Howard L. Dimmig, II, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.

SLEET, CHIEF JUDGE.

Appeal from the Circuit Court for Hillsborough County; Lawrence M. Lefler, Judge.

Howard L. Dimmig, II, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.

SLEET, CHIEF JUDGE.

T.J. challenges the trial court's juvenile disposition order in which the court found him guilty of committing the delinquent acts of minor in possession of a firearm (count one) and resisting arrest without violence (count two). T.J. argues, and the State concedes, that the trial court erred in imposing a $65 fee under section 939.185, Florida Statutes (2022), without a citation to a county ordinance. We affirm the disposition order in all respects; however, we remand to the trial court for the limited purpose of correcting the order assessing fines and costs to reflect the applicable county ordinance. See Summers v. State, 276 So.3d 1012, 1013 (Fla. 2d DCA 2019); see also Dibelka v. State, 326 So.3d 835, 837-38 (Fla. 2d DCA 2021).

Affirmed and remanded with instructions.

VILLANTI and ATKINSON, JJ., Concur.

Opinion subject to revision prior to official publication.