STEVEN MEYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Steven Meyers appeals his judgment and sentence for lewd and lascivious act in the presence of a child.1 We affirm the judgment and sentence, but we strike the assessments for investigative costs imposed pursuant to section 939.01, Florida Statutes (1993). The record does not establish that the state requested investigative costs or documented the amount of costs incurred by law enforcement. See § 939.01(1), Fla. Stat. (1993). This is in derogation of the statute. Absent a request along with documentation, the imposition of investigative costs is error. See Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995); Brown v. State, 657 So. 2d 1280 (Fla. 5th DCA 1995). We remand for reimposition of the investigative costs, if appropriate, once the state complies with section 939.01(1). See Reyes v. State, 655 So. 2d 111, 119 (Fla. 2d DCA 1995).
Judgment and Sentence AFFIRMED; Investigative Costs STRICKEN; and REMANDED.
PETERSON, C.J., and DAUKSCH and THOMPSON, JJ., concur. . § 800.04(1), Fla. Stat. (1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bisson v. State, 696 So. 2d 504 (Fla. 5th DCA 1997)…ere any documentation offered to support the assessment. Imposition of investigative costs under these circumstances is illegal. Walker v. State, 692 So. 2d 318 (Fla. 5th DCA 1997); Pazo v. State, 684 So. 2d 898 (Fla. 5th DCA 1996); Meyers v. State, 676 So. 2d 57 (Fla. 5th DCA 1996); Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996). The state argues that section 924.051(3), Fla. Stat., which took effect July 1, 1996, bars this appeal because under the statute, an issue can only be appealed if it is eithe…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)
- Brown v. State, 657 So. 2d 1280 (Fla. 5th DCA 1995)