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.