TREVOR JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in imposing certain costs without proper findings or documentation, but affirmed the conviction.
Defendant pleaded guilty to resisting an officer with violence, assault on a law enforcement officer, and trespass. The trial court imposed costs for …
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STRINGER, Judge.
Trevor James challenges by Anders 1 appeal a withhold of adjudication entered pursuant to his guilty plea for resisting an officer with violence, assault on a law enforcement officer, and trespass on property with warning. Because he failed to file a motion to withdraw his plea or to reserve any dispositive issue, we affirm without discussion his argument that the trial court erred in accepting his guilty plea.
We agree, however, with Mr. James’s contention that the trial court erred in imposing certain costs under sections 938.27(1) and 939.18, Florida Statutes (2002), as he asserted in a timely motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court imposed $150 for costs of prosecution and $130 for investigatory costs pursuant to section 938.27 without any agency request or supporting document or a finding of the defendant’s ability to pay. This was error. See § 938.27(1), (5); Ortiz v. State, 884 So. 2d 77, 78 (Fla. 2d DCA 2004); Taylor v. State, 821 So. 2d 404, 405 (Fla. 2d DCA 2002). The trial court also erroneously imposed $150 for the court facilities fund without finding that James had the ability to pay the additional assessment. See § 939.18(1)(b); Spruill v. State, 888 So. 2d 93, 94 (Fla. 2d DCA 2004); McLean v. State, 870 So. 2d 50, 50 (Fla. 2d DCA 2003).
Accordingly, we strike these costs and remand for further proceedings. On remand, the trial court may reimpose these costs if the procedural safeguards set forth in Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc), are satisfied.
Affirmed in part, reversed in part, and remanded with instructions.
ALTENBERND, C.J., and CANADY, J., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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del Valle v. State, 26 So. 3d 650 (Fla. 2d DCA 2010)…nce provides that $150 was assessed for prosecution costs, but the sentencing transcript indicates that the State did not request such costs or produce documentation to support such costs. Therefore, these costs must be stricken. See James v. State, 898 So. 2d 1161, 1162 (Fla. 2d DCA 2005); Ortiz v. State, 884 So. 2d 77, 78 (Fla. 2d DCA 2004). The trial court may impose the costs on remand if [*652] the statutory requirements are met. See Diaz v. State, 901 So. 2d 310, 311 (Fla. 2d DCA 2005); Ortiz, 884 So. 2d…
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Jones v. State, 988 So. 2d 15 (Fla. 2d DCA 2008)…sessed for prosecution costs and the $130 assessed for investigative costs under section 938.27, Florida Statutes (2003), must be stricken because there was no request for the costs or documentation in the record to support them. See James v. State, 898 So. 2d 1161 (Fla. 2d DCA 2005) (holding that the trial court erroneously imposed costs of prosecution and investigation absent proper requests and supporting documentation). The $50 fine imposed under section 775.083, Florida Statutes (2003), should also be str…
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Robinson v. State, 993 So. 2d 1029 (Fla. 2d DCA 2008)…e single meritorious issue that involves a minor sentencing error. The trial court erred when it imposed $50 in prosecution costs because the State did not present any documentation that supported the imposition of these costs. See James v. State, 898 So. 2d 1161, 1162 (Fla. 2d DCA 2005); Brentlinger v. State, 891 So. 2d 1183, 1184 (Fla. 2d DCA 2005); Ortiz v. State, 884 So. 2d 77, 78 (Fla. 2d DCA 2004). Robinson preserved this issue when he filed a motion to correct sentencing error in accordance with Flori…
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)
- Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004)
- Taylor v. State, 821 So. 2d 404 (Fla. 2d DCA 2002)
- McLEAN v. State, 870 So. 2d 50 (Fla. 2d DCA 2003)
- Jones v. State, 888 So. 2d 93 (Fla. 1st DCA 2004)