ROBERT LISBY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2026-02-25
No. 2025-1463
2026 FL 2121 Florida District Court of Appeal, Fourth District (2026) Positive Treatment
Cited by 1 case

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Synopsis

Robert Lisby appeals the trial court's imposition of costs of prosecution and investigation in his felony murder and child abuse convictions. Although the State concedes error regarding the costs imposed, the appellate court reverses and remands to strike the $50 investigation cost and reduce the prosecution cost to the statutory minimum of $100, consistent with the trial court's oral pronouncement at sentencing.

Holding

The court reverses and remands, holding that the $200 cost of prosecution must be reduced to the statutory minimum of $100 and the $50 cost of investigation must be struck, consistent with the trial court's oral pronouncement and applicable case law requiring State requests for costs above statutory minimums.

Headnotes

[1] A cost of prosecution exceeding the statutory minimum requires a specific request from the State.

[2] Investigative costs cannot be imposed if the State fails to request them before judgment.

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Key Quotes

“the State must request the cost of prosecution if it is higher than the statutory minimum [of $100]”

Establishes the requirement that the State must affirmatively request costs of prosecution above the statutory minimum.

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Facts & Procedural History

Lisby was convicted and sentenced for first degree felony murder, aggravated child abuse, and neglect of a child causing great bodily injury. At sente…

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Topics
Investigative Costs Costs Of Prosecution

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Opinion of the Court

FORST, J.

Appellant Robert Lisby was convicted and sentenced for first degree felony murder, aggravated child abuse, and neglect of a child causing great bodily injury. The instant appeal does not challenge those convictions nor the sentence Lisby received.1 The appeal's focus is solely limited to the trial court's order imposing a $200 cost of prosecution and a $50 cost of investigation. Lisby argues the State did not present any evidence at the sentencing hearing supporting the $200 cost of prosecution or showing that a law enforcement agency requested the $50 cost of investigation. The State has responded by conceding error with respect to these two costs, agreeing with Lisby that the trial court's written sentencing order should have conformed to the trial court's oral pronouncement at sentencing of only a $100 cost of prosecution.

Accordingly, we remand for the trial court to reduce the cost of prosecution to the statutory minimum of $100 and to strike the cost of investigation from the judgment, consistent with the oral pronouncement. See Croissy v. State, 404 So. 3d 419, 420–21 (Fla. 4th DCA 2025). We affirm the judgment in all other respects. Lisby's presence is not necessary for these ministerial acts.

Affirmed in part and reversed and remanded in part.

LEVINE and CONNER, JJ., concur.

Footnotes
1 Lisby was sentenced to life imprisonment for the felony murder, thirty years for the aggravated child abuse, and five years for neglect of a child causing great bodily injury, with all sentences running consecutively. We accept the State's concession, and reverse and remand for the trial court to reduce the cost of prosecution to $100 and to strike the cost of investigation. See Cabrera v. State, 375 So. 3d 924, 925 (Fla. 4th DCA 2023) ("[T]he State must request the cost of prosecution if it is higher than the statutory minimum [of $100]."); Lindenberger v. State, 409 So. 3d 680, 680-81 (Fla. 4th DCA 2025) (same); see also McNaughton v. State, 369 So. 3d 304, 306 (Fla. 4th DCA 2023) (“[O]ur supreme court has held that investigative costs cannot be imposed where the State fails to request such costs before the judgment.")

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Cited By

  • Lisby v. State (Fla. 4th DCA 2026)
    …great bodily injury, with all sentences running consecutively. [*2] We accept the State's concession, and reverse and remand for the trial court to reduce the cost of prosecution to $100 and to strike the cost of investigation. See Cabrera v. State, 375 So. 3d 924, 925 (Fla. 4th DCA 2023) ("[T]he State must request the cost of prosecution if it is higher than the statutory minimum [of $100]."); Lindenberger v. State, 409 So. 3d 680, 680-81 (Fla. 4th DCA 2025) (same); see also McNaughton v. State, 369 So. 3d 3…

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