Florida District Courts of Appeal, 2010

State v. Nelson

State v. Nelson
Florida District Courts of Appeal · Decided February 10, 2010 · Gersten, Shepherd, Suarez
27 So. 3d 758; 2010 Fla. App. LEXIS 1350; 2010 WL 445921 (Southern Reporter, Third Series)

State v. Nelson

Opinion of the Court

PER CURIAM.

The State of Florida petitions for a writ of certiorari to quash an order taxing costs against the State Attorney’s Office as a sanction for a discovery violation in a criminal prosecution. The trial court does not have inherent authority to assess costs against the State Attorney’s Office in criminal cases. State v. Shelton, 584 So.2d 1118 (Fla. 5th DCA 1991); State v. Harwood, 488 So.2d 901 (Fla. 5th DCA 1986). Accordingly, we grant certiorari, and quash the trial court order assessing costs against the State Attorney’s Office in this cause.

Petition granted; order quashed.

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