Priest v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 MARK PRIEST, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-4059 [ October 8, 2008 ] PER CURIAM. We reverse the assessment of costs and fees against appellant in proceedings brought by the state against appellant under the Sexually Violent Predators Act (Jimmy Ryce Act). There is n o statutory authorization for assessment of such costs and fees. See Chapman v. State, 974 So. 2d 625 (Fla. 4th DCA 2008). TAYLOR, HAZOURI and MAY, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; F. Shields McManus, Judge; L.T. Case No. 472004CA000112A. Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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