R.R.K. v. State

Florida District Courts of Appeal
R.R.K. v. State, 912 So. 2d 328 (2005)
2005 Fla. App. LEXIS 11814; 2005 WL 1787448
Pleus, Sawaya, Thompson

R.R.K. v. State

070rehearing

*329ON MOTIONS FOR REHEARING AND CERTIFICATION

PLEUS, C.J.

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.

THOMPSON and SAWAYA, JJ., concur.

Opinion of the Court

PER CURIAM.

AFFIRMED. See S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004).

PLEUS, C.J., and THOMPSON, J., concur.

SAWAYA, J., concurs and concurs specially, with opinion.

Concurring Opinion

SAWAYA, J.,

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