DWA v. State

¶1James S. Purdy, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

¶3

ON REMAND

¶4PER CURIAM.

¶5This case is on remand from the Florida Supreme Court in light of V.K.E. v. State,934 So.2d 1276 (Fla.2006).

¶6For the reasons stated in the original opinion filed August 19, 2005, we reverse the disposition orders because they might be construed to authorize commitment for a term that exceeds the statutory maximum.

¶7As to Appellant's second point on appeal related to the imposition of statutory surcharges pursuant to sections 938.08 and 938.085, Florida Statutes, and in light of V.K.E., we strike those portions of the disposition orders that impose a $201 "domestic violence" surcharge and a $151 "rape crisis center" surcharge.

¶8In all other respects, the disposition orders are affirmed.

¶9AFFIRMED in part; REVERSED in part and REMANDED.

¶10GRIFFIN, PALMER and TORPY, JJ., concur.