ANTHONY JEROME BROOKS
v.
STATE OF FLORIDA
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In this Anders appeal, the Florida District Court of Appeal, Fifth District, affirmed Anthony Brooks's judgment and sentence but remanded for the trial court to properly reimpose costs of prosecution and public defender fees that exceeded $100, which must be supported by either Brooks's agreement or competent substantial evidence.
The judgment and sentence are affirmed, but the case is remanded because costs of prosecution and public defender fees exceeding $100 must be imposed either upon the defendant's agreement to pay them or upon submission of competent substantial evidence to support them.
“Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender "upon showing of sufficient proof of higher fees or costs incurred."”
Establishes the legal standard requiring proof or agreement for costs exceeding $100
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Join FLexlaw to unlock all legal intelligenceAnthony Brooks was convicted and sentenced. The trial court imposed costs of prosecution and public defender fees, including amounts exceeding $100 fo…
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PER CURIAM. In this Anders1 appeal, we affirm Anthony Brooks’s judgment and sentence. We remand, however, for the trial court to reimpose 1 Anders v. California, 386 U.S. 738 (1967).
the portion of the cost of prosecution and the cost of the public defender that each exceeded $100, either upon Brooks’s agreement to pay them or upon the submission of competent substantial evidence to support them. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender “upon showing of sufficient proof of higher fees or costs incurred.” § 938.27(8), Fla. Stat. (2022). AFFIRMED and REMANDED with instructions. SOUD, BOATWRIGHT, and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Icon v. State, 322 So. 3d 117 (Fla. 4th DCA 2021)