GREGORY ROBERT JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gregory Robert James appealed his conviction for sale and possession of cocaine following a guilty plea. The appellate court affirmed the convictions and sentences but struck certain improperly imposed costs and remanded for modification of the judgment to reflect the guilty plea.
The court affirmed the convictions and sentences but struck $2 from the Criminal Justice Trust Fund (State and Local) cost, struck the $50 Costs of Prosecution cost without prejudice for reimposition, and struck the $184 Investigative Costs without prejudice for reimposition. The court also modified the judgment to reflect the guilty plea.
[1] A $50 cost for the Crimes Compensation Trust Fund is mandatory.
[2] A $3 cost is mandatory for the Criminal Justice Trust Fund (State and Local).
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A cost of $3 is mandatory for the Criminal Justice Trust Fund (State and Local). Reyes, 655 So.2d at 117. We, therefore, strike $2 from the $5 cost the court imposed.”
Establishes the mandatory amount for Criminal Justice Trust Fund cost and the court's correction of the overimposed amount.
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Join FLexlaw to unlock all legal intelligenceJames pleaded guilty to sale and possession of cocaine. The trial court imposed costs totaling $539, itemized as follows: $50 for Crimes Compensation …
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PARKER, Judge.
Following Gregory Robert James’s plea of guilty to sale and possession of cocaine, counsel for James has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying no meritorious appealable issues. We affirm the convictions and sentences. We, however, are compelled to strike certain costs and modify the judgment to show that James pleaded guilty to the offenses.
The trial court imposed the following costs' and entered a Judgment for Fine and Costs which itemized the costs and set forth their statutory authority:
$50 for the Crimes Compensation Trust Fund pursuant to section 960.20, Florida Statutes (Supp.1994); •
$5 for the Criminal Justice Trust Fund (State and Local) pursuant to section 943.25, Florida Statutes (1993);
$200 for the Criminal Justice Trust Fund pursuant to section 27.3455, Florida Statutes (1993);
$50 for Costs of Prosecution pursuant to section 939.01, Florida Statutes (1993); and
$184 for Investigative Costs pursuant to section 939.01, Florida Statutes (1993).
The $50 for the Crimes Compensation Trust Fund is a mandatory cost. Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA 1995) (en banc). A cost of $3 is mandatory for the Criminal Justice Trust Fund (State and Local). Reyes, 655 So. 2d at 117. We, therefore, strike $2 from the $5 cost the court imposed. See Curry v. State, 656 So. 2d 521 (Fla. 2d DCA 1995). The $200 for the Criminal Justice Trust Fund is mandatory. Reyes, 655 So. 2d at 117. Costs of prosecution are discretionary. Reyes, 655 So. 2d at 117. Neither the court nor the prosecutor mentioned $50 for costs of prosecution; therefore, we strike this cost without prejudice for the state to seek reimposition. The prosecutor asked for $184 in investigative costs. The agency requesting investigative costs, including the state attorney, must document the cost, and the court must consider the defendant’s financial resources before imposing them. Reyes, 655 So. 2d at 119; Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). We must strike these costs without prejudice to the state to seek reimposition of these costs. See Sutton, 635 So. 2d at 1033. Finally, the judgment should be modified to show that James pleaded guilty to the offenses.
We remand this case to the trial court to modify the judgment as directed and to allow the state to seek reimposition of certain costs.
CAMPBELL, A.C.J., and QUINCE, J., concur.
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Delegge v. State, 687 So. 2d 948 (Fla. 2d DCA 1997)…only with respect to certain costs and conditions of probation imposed at sentencing. Specifically, we strike an $80.00 investigative cost due to noncompliance with the procedures described in section 939.01, Florida Statutes (1995). James v. State, 662 So. 2d 995 (Fla. 2d DCA 1995). We strike that portion of condition four which suggests that a probation officer may permit a convicted felon to carry a firearm. Roberson v. State, 654 So. 2d 1256 (Fla. 2d DCA 1995). For lack of oral pronouncement, we strike co…
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Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)…costs incurred by law enforcement agencies ... if requested by such agencies.” Historically, imposition of “costs of prosecution” was discretionary and therefore required a request by the state, on the record, to survive appeal. See James v. State, 662 So. 2d 995 (Fla. 2d DCA 1995) (reversing costs of prosecution absent record request under predecessor section 939.01, Fla. Stat.). This requirement remained after the 2003 amendment to the statute. See Brown v. State, 963 So. 2d 342 (Fla. 2d DCA 2007) (applyin…
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Jourdan Daniel Parks v. State, 411 So. 3d 414 (Fla. 2025)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Curry v. State, 656 So. 2d 521 (Fla. 2d DCA 1995)