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Payton v. State

District Court of Appeal of Florida, Second District
May 7, 1999
735 So. 2d 521 (Fla. Dist. Ct. App. 1999)

Opinion

Case No. 96-03127

Opinion filed May 7, 1999.

Appeal from the Circuit Court for Manatee County; Janette Dunnigan, Judge.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.


Bruce Payton appealed from the denial of his motion to suppress and the imposition of court costs. The trial court had withheld adjudication of guilt and imposed costs without probation or other further disposition. On appeal, relying on our prior decision in Martin v. State, 600 So.2d 20 (Fla. 2d DCA 1992), we held that an order withholding adjudication without imposing probation is not an appealable order. See Payton v. State, 698 So.2d 1229 (Fla. 2d DCA 1998). Therefore, we dismissed Payton's appeal and, on certiorari review, struck the costs. See id.

On November 5, 1998, our supreme court disapprovedMartin in State v. Schultz, 720 So.2d 247 (Fla. 1998), and held that an order withholding adjudication of guilt without imposing probation is an appealable order under Florida Rule of Appellate Procedure 9.140(b)(1)(C). Thus, inPayton v. State, 24 Fla. L. Weekly S101 (Fla. Feb. 25, 1999), the supreme court quashed our decision and remanded to this court for further proceedings.

We now review Payton's claims on their merits and affirm the trial court in all respects, including the imposition of court costs in the amount of $253.

Affirmed.

CAMPBELL, A.C.J., and NORTHCUTT, J., Concur.


Summaries of

Payton v. State

District Court of Appeal of Florida, Second District
May 7, 1999
735 So. 2d 521 (Fla. Dist. Ct. App. 1999)
Case details for

Payton v. State

Case Details

Full title:BRUCE E. PAYTON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 7, 1999

Citations

735 So. 2d 521 (Fla. Dist. Ct. App. 1999)