S.J.H. v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005 S.J.H., A CHILD, Appellant, v. Case No. 5D04-1648 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 19, 2005 Appeal from the Circuit Court for Marion County, Carven D. Angel, Judge. James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm this case based on V.K.E. v. State, 30 Fla. L. Weekly D1351 (Fla. 5th DCA May 27, 2005). As in that case, we certify the following question to the Florida Supreme Court. DOES A TRIAL JUDGE HAVE THE POWER AND AUTHORITY TO IMPOSE ON JUVENILES IN A JUVENILE DELINQUENCY PROCEEDING, THE MANDATORY SURCHARGES SET FORTH IN SECTIONS 938.08 AND 930.085? AFFIRMED; Question CERTIFIED. SHARP, W., GRIFFIN and PALMER, JJ., concur. 2

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