Florida District Courts of Appeal, 2007

BWH v. State

BWH v. State
Florida District Courts of Appeal · Decided May 4, 2007 · Palmer
954 So. 2d 1281; 2007 WL 1295691 (Southern Reporter, Second Series)

BWH v. State

Opinion

954 So.2d 1281 (2007)

B.W.H., a Child, Appellant,
v.
STATE of Florida, Appellee.

No. 5D04-1974.

District Court of Appeal of Florida, Fifth District.

May 4, 2007.

*1282 James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PALMER, J.

The Supreme Court quashed our earlier decision reported at B.W.H, v. State, 904 So.2d 659 (Fla. 5th DCA 2005), and remanded the matter to our court for reconsideration under V.K.E. v. State, 934 So.2d 1276 (Fla. 2006). See B.W.H. v. State, 950 So.2d 403 (Fla. 2007). Based upon the Supreme Court's holding in V.K.E., we conclude that the trial court erred in ordering B.W.H. to pay costs as set forth in sections 938.08 and 938.085 of the Florida Statutes (2005). As such, we strike those portions of the disposition orders that impose costs of $201.00 and $151.00 pursuant to sections 938.08 and 938.085 of the Florida Statutes (2005). In all other respects, the disposition orders are affirmed.

AFFIRMED. COSTS STRICKEN.

GRIFFIN and EVANDER, JJ., concur.

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