EDDIE LEE THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-09-24
No. 96-02190
CAMPBELL, A.C.J., and FRANK, J., concur.
699 So. 2d 329 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 6 cases
Topics
Costs Of Prosecution Anders V. California

Explore caselaw by topic → Browse Costs Of Prosecution cases and more on FLexlaw

Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

Eddie Thompson challenges the sentence imposed upon him following revocation of his probation. Although appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), he suggests that the trial court erred in imposing a lien upon Thompson for costs of extradition. We strike the lien and affirm Thompson’s sentence in all other respects.

The cost of extradition is a cost of prosecution. See Skillman v. State, 696 So. 2d 1341 (Fla. 2d DCA 1997). Costs of prosecution must be expressly requested by a specific agency with adequate supporting documentation. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). The trial court must announce such costs on the record after consideration of the factors contained in section 939.01, Florida Statutes (1995). Because the requirements of the statute were not met, we strike the lien for costs of extradition and remand this ease to the trial court. The State can seek to have the cost reimposed in accordance with the procedure set forth in Reyes.

Affirmed in part; lien stricken.

CAMPBELL, A.C.J., and FRANK, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bass v. State, 873 So. 2d 569 (Fla. 2d DCA 2004)
    …e disagree. The costs of extradition — considered discretionary costs of prosecution authorized by section 938.27(1) — may be validly imposed if the State expressly requests them and the defendant has notice before sentencing. See Thompson v. State, 699 So. 2d 329, 329 (Fla. 2d DCA 1997) (considering the statute as previously numbered section 939.01); Reyes, 655 So. 2d at 117 (same). Although written requests are strongly encouraged, an oral request may be sufficient to “document” the request to satisfy the s…
  • Elliot Martinez v. State, 91 So. 3d 878 (Fla. 5th DCA 2012)
    …itted). Thus, in determining whether extradition costs constitute criminal punishment, we focus on the authorizing statutes. Extradition costs are imposed and enforced as costs of prosecution under sections 938.27 and 938.30. See Thompson v. State, 699 So. 2d 329 (Fla. 2d DCA 1997) (holding that extradition costs are costs of prosecution). Several attributes of this statutory mechanism indicate that the Legislature intended these costs of prosecution to constitute a criminal sanction. Importantly, the sancti…
  • Tesner v. State, 706 So. 2d 932 (Fla. 2d DCA 1998)
    …osed on that fine pursuant to section 960.25, Florida Statutes (1993). The lien imposed for extradition costs is also stricken because it was not expressly requested by a specific agency with adequate supporting documentation. See Thompson v. State, 699 So. 2d 329 (Fla. 2d DCA 1997). We further strike the portion of probation condition eight requiring Tesner to pay for random drug testing because it was a special condition of probation that was not announced at sentencing. See Scott v. State, 681 So. 2d 738 (…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw