BROC EVERETT ELLIS
v.
STATE OF FLORIDA
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A cost of prosecution under § 938.27 does not constitute an investigative cost requiring a request, and a defendant waives review of a transportation cost request defect by assenting to the cost and failing to raise the issue in a post-conviction motion.
[1] A cost of prosecution imposed under § 938.27, Florida Statutes, is not an investigative cost incurred by an agency and therefore does not require a prior request by the S…
[2] A defendant waives review of a defect in an agency cost request by assenting to the cost at sentencing and failing to raise the request-related argument in a post-convict…
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Join FLexlaw to unlock all legal intelligence“a party waives review of an issue by affirmatively stating he has no objection to it”
Court citing Reed v. State regarding waiver of defects through failure to object
Ellis was sentenced to include a $100 cost of prosecution under § 938.27 and a $258.50 transportation cost. Ellis appealed, arguing both costs require…
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PER CURIAM.
Broc Everett Ellis appeals his sentence with respect to two costs imposed by the trial court: a $100 cost of prosecution imposed under § 938.27, Florida Statutes, and a $258.50 cost of transportation. Ellis argues that costs of prosecution and for transportation must have been requested by the State and Escambia County Sheriff’s Office respectively. We affirm. First, Ellis’s $100 cost of prosecution is not an “investigative cost” incurred by an agency and need not be requested. See Parks v. State, No. 1D22-1566, 2023 WL 4924857 (Aug. 2, 2023). Second, after the State requested imposition of the agency transportation cost pursuant to § 938.27(1), Florida Statutes, Ellis waived whatever defect he now associates with the request by assenting
to the cost (and then excluding any request-related argument from his subsequent Florida Rule of Criminal Procedure 3.800(b)(2) motion that challenged transportation costs). Reed v. State, 350 So. 3d 836, 838 (Fla. 1st DCA 2022) (a party waives review of an issue by affirmatively stating he has no objection to it). Also, in response to the 3.800(b)(2) motion, the trial court’s corrected sentence lawfully reimposed the transportation cost with a citation to the proper authority. Appellant’s sentence is AFFIRMED. OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur. _____________________________