CHAD EDMOND SMITH
v.
STATE OF FLORIDA
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The court held that investigative costs imposed in a written judgment must be requested by the prosecutor and mentioned at sentencing.
Appellant was ordered to pay $100 in investigative costs under section 938.27, Florida Statutes, which were not requested by the prosecutor nor mentio…
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PER CURIAM.
In this Anders 1 appeal, we affirm, without further discussion, the judgment and sentence imposed upon Appellant, with one exception. The written final judgment for 1 Anders v. California, 386 U.S. 738 (1967). costs directed Appellant to pay $100 investigative costs under section 938.27, Florida Statutes (2018), to the St. Johns County Sheriff’s Office. This cost was not requested by the prosecutor on behalf of this law enforcement agency, as required by section 938.27(1), nor, for that matter, was it even mentioned at the sentencing hearing. The $100 investigative costs were simply summarily included in the written judgment.
Accordingly, we reverse the imposition of the investigative costs and remand with directions that the court enter an amended judgment and sentence that strikes or deletes the investigative costs, without the State being entitled to have these costs reimposed.
See Richards v. State, 45 Fla. L. Weekly S8 (Fla. Jan. 16, 2020).
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
EVANDER, C.J., LAMBERT and SASSO, JJ., concur. 2
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Richards v. State, 258 So. 3d 576 (Fla. 5th DCA 2018)