R.R.K. v. State
R.R.K. v. State
070rehearing
We deny the Motion for Rehearing but grant the Motion for Certification. Consistent with all of our opinions on this issue since S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004), we certify the following question to the Florida Supreme Court:
DOES A TRIAL JUDGE HAVE THE POWER AND AUTHORITY TO IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 938.085, FLORIDA STATUTES?
REHEARING DENIED; QUESTION CERTIFIED.
Opinion of the Court
AFFIRMED. See S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004).
SAWAYA, J., concurs and concurs specially, with opinion.
Concurring Opinion
concurring specially.
I reluctantly agree with the majority based on this court’s opinion in S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004). However, I fully agree with Judge Sharp’s specially concurring opinion in V.K.E. v. State, 902 So.2d 343 (Fla. 5th DCA 2005), that our decision in S.S.M. was wrongly decided.
Reference
- Full Case Name
- R.R.K., A Child v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published