DARRICK LATRENT YOUNG
v.
STATE OF FLORIDA
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A trial court must strike an agency investigative cost imposed under Florida Statutes section 938.27(1) when the State does not request such cost.
[1] Under Florida Statutes section 938.27(1), an agency investigative cost may not be imposed unless the State requests such cost.
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Court's explanation for remanding to strike the $50 agency investigative cost
Darrick Latrent Young was convicted and sentenced in Santa Rosa County Circuit Court. The trial court imposed both a $100 cost of prosecution and a $5…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D22-3105 _____________________________
DARRICK LATRENT YOUNG,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Santa Rosa County. Clifton A. Drake, Judge.
September 1, 2023
B.L. THOMAS, J.
The Court affirms Appellant’s conviction and sentence as well as the imposition of the $100 cost of prosecution. See Parks v. State, No. 1D22-1566, 2023 WL 4924857 (Aug. 2, 2023). The Court remands this matter to the trial court with instruction to strike the $50 agency investigative cost, as this cost was not requested by the State. See Richards v. State, 288 So. 3d 574, 576-77 (Fla. 2020) (holding that section 938.27(1), Florida Statutes, requires that the State request investigative costs). Affirmed in part, reversed in part, and remanded. OSTERHAUS, C.J., and NORDBY, J., concur.
2 _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Christina Day Piotrowski, Assistant Attorney General, Tallahassee, for Appellee.