Public-domain · open source
OpenJurist

735 So. 2d 521

Payton v. State

District Court of Appeal of Florida · decided 1999-05-07

Relies on 732 So. 2d 1044 - Payton v. State · Doctor v. State · 720 So. 2d 247 - State v. Schultz

Decided 1999-05-07

PATTERSON, Judge.

¶1Bruce 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 pri- or decision in Martin v. State, 600 So.2d 20 (Fla. 2d DCA 1992), we held that an order *522withholding adjudication without imposing probation is not an appealable order. See Payton v. State, 698 So.2d 1229 (Fla. 2d DCA 1997). Therefore, we dismissed Pay-ton’s appeal and, on certiorari review, struck the costs. See id.

¶2On November 5, 1998, our supreme court disapproved Martinin State v. Schultz, 720 So.2d 247 (Fla.1998), and held that an order withholding adjudication of guilt without imposing probation is an ap-pealable order under Florida Rule of Appellate Procedure 9.140(b)(1)(C). Thus, in Payton v. State, 24 Fla. L. Weekly S101, 732 So.2d 1044 (Fla. 1999), the supreme court quashed our decision and remanded to this court for further proceedings.

¶3We 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.

¶4Affirmed.

CAMPBELL, A.C.J., and NORTHCUTT, J., Concur.
/735/so2d/521 · .json · Public domain