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Tibero v. State

Tibero v. State, 646 So. 2d 213 (Fla. Dist. Ct. App. 1994)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 16, 1994
Docket
No. 94-392
Judges
Per Curiam
Citations
646 So. 2d 2131994 WL 406151
Cited by 52

Opinion — Per Curiam

646 So.2d 213 (1994)

Ronald TIBERO, Appellant,

v.

STATE of Florida, Appellee.

No. 94-392.

District Court of Appeal of Florida, Fifth District.

December 16, 1994.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

OPINION ON REHEARING

PER CURIAM.

We granted the State's motion for rehearing in this cause and, because there is a recurring problem in the trial court's grant of costs in criminal cases, we elect to consider this case en banc. After considering the supplemental briefing and en banc oral argument, we conclude, as did the original panel, that the assessment by the trial court of a $48.00 deposit to First Step of Volusia County, Inc. is beyond the authority of the court.

We are unable to agree with the State that the court's inherent authority justifies this award. While we agree that the court has inherent authority to order those things "that are reasonably necessary for the administration of justice within the scope of its jurisdiction," [1] the deposit to First Step simply does not meet this condition. The State presented no other authority for the assessment. The requirement for such deposit, therefore, is stricken from the conditions of probation.

In all other respects, the judgment and order of probation are affirmed.

AFFIRMED as modified.

HARRIS, C.J., and DAUKSCH, COBB, W. SHARP, GOSHORN, PETERSON, GRIFFIN, DIAMANTIS and THOMPSON, JJ., concur.

NOTES

[1] Rose v. Palm Beach County, 361 So.2d 135 (Fla. 1978).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 52 cases

View all citing references →
1994: 31995: 391996: 71997: 22002: 119942026peak 1995 · 39

Relies on it most ⓘ

  1. Gordon v. State649 So. 2d 326 (Fla. Dist. Ct. App. 1995)
  2. Brown v. State652 So. 2d 877 (Fla. Dist. Ct. App. 1995)
  3. Johnson v. State648 So. 2d 263 (Fla. Dist. Ct. App. 1994)
  4. Norris v. State659 So. 2d 1352 (Fla. Dist. Ct. App. 1995)
  5. Mosely v. State659 So. 2d 1342 (Fla. Dist. Ct. App. 1995)
  6. Brooks v. State649 So. 2d 329 (Fla. Dist. Ct. App. 1995)

Most recent

  1. Department of Children & Families v. D.T.808 So. 2d 1282 (Fla. Dist. Ct. App. 2002)
  2. Duncan v. State703 So. 2d 1069 (Fla. Dist. Ct. App. 1997)
  3. Bruce v. State687 So. 2d 1322 (Fla. Dist. Ct. App. 1997)
  4. Cox v. State687 So. 2d 25 (Fla. Dist. Ct. App. 1996)
  5. Allen v. State676 So. 2d 491 (Fla. Dist. Ct. App. 1996)
  6. Wilkes v. State675 So. 2d 258 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rose v. Palm Beach Cty., 361 So. 2d 135 (Fla. 1978) 44
Goshay v. State, 646 So. 2d 213 (Fla. Dist. Ct. App. 1994) 4

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