JOSE NEGRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Jose Negron appeals the imposition of $520 in investigative costs as a judgment lien following his guilty plea to trafficking in phenethylamines. The Florida District Court of Appeal affirms, finding that the trial court adequately considered Negron's financial resources by imposing the costs as a lien rather than requiring immediate payment.
The trial court was required to 'consider' the defendant's financial resources, needs, and earning ability under the applicable 2000 version of the statute, but was not required to specifically ask about ability to pay. By imposing the costs as a judgment lien rather than requiring immediate payment, the trial court implicitly recognized and considered the defendant's lack of ability to pay.
[1] A trial court must consider a defendant's financial resources, needs, and earning ability when imposing investigative costs under the 2000 version of section 938.27, Flor…
[2] Imposing investigative costs as a judgment lien, rather than requiring immediate payment or installments, can implicitly demonstrate the trial court's consideration of a…
Previewing 2 of 5 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“the trial court was required to "consider" Negron's financial resources, needs, and earning ability. We conclude that the trial court implicitly recognized, and thus "considered," Negron's lack of ability to pay by imposing the investigative costs as a judgment lien rather than requiring that they be paid within a specified period or in specified installments”
Establishes that consideration of financial resources is satisfied by the form of the cost imposition rather than requiring explicit inquiry.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNegron committed the offense on February 13, 2001, and pleaded guilty in 2005 to a 44.4-month prison sentence. At sentencing, the State requested inve…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appeal From Conviction cases and more on FLexlaw
FULMER, Chief Judge.
Jose Negron challenges the imposition of investigative costs in the amount of $520 in this appeal from his conviction for trafficking in phenethylamines. Because Neg-ron has not shown that the trial court failed to consider his financial resources when it imposed investigative costs as a lien, we affirm.
The date of the offense was February 13, 2001. In 2005 Negron pleaded guilty in exchange for a 44.4-month prison sentence. At the sentencing hearing, Negron offered no objection when the State requested investigative costs on behalf of the St. Petersburg Police Department and the trial court imposed them as a judgment lien. The trial court made no express inquiry into Negron’s financial circumstances; however, the record reflects that the court had found Negron to be indigent in 2003.
Negron’s appellate counsel filed a motion under Florida Rule of Criminal Procedure 3.800(b), arguing that the costs were not supported by documentation and the trial court did not consider Negron’s ability to pay before imposing the costs. The trial court denied the motion, stating:
The record reflects that supporting documentation was provided for the investigative costs via the arrest affidavit filed in this case.... Additionally, the language of section 938.27, Florida Statutes, indicates that imposition of investigative costs is mandatory. Section 938.27(4) also indicates that the defendant has the burden of proving his financial resources and needs, but need prove these only if the amount or type of costs is disputed. In the instant case, the Defendant did not dispute the imposition of the investigative costs.
The trial court attached the arrest affidavit to its order, which indicates a request for investigative costs in the amount of $520. However, the trial court erroneously relied on the current version of the statute in ruling on Negron’s assertion that the trial court failed to consider his ability to pay.
On appeal, Negron argues that, pursuant to the 2000 version of section 938.27, Florida Statutes, the trial court had to specifically ask whether Negron had the ability to pay before imposing the costs. Subsection (5) of the 2000 version of section 938.27 requires the court to “consider the amount of the costs incurred, the financial resources of the defendant, the financial needs and earning ability of the defendant, and such other factors which it deems appropriate.” Section 938.27 was amended effective July 1, 2003,1 and the current version of the statute omits the requirement that the court consider the financial resources, needs, and earning ability of the defendant. See § 938.27, Fla. Stat. (2006).
We agree with Negron that the trial court applied the wrong version of the statute in ruling on his 3.800(b) motion. However, we do not agree that the applicable version required the trial court to specifically ask whether Negron had the ability to pay before imposing the costs.2 Rather, the trial court was required to “consider” Negron’s financial resources, needs, and earning ability. We conclude that the trial court implicitly recognized, and thus “considered,” Negron’s lack of ability to pay by imposing the investigative costs as a judgment lien rather than requiring that they be paid within a specified period or in specified installments as authorized by subsection (3) of the 2000 version of section 938.27.
Affirmed.
CASANUEVA and STRINGER, JJ., Concur. . Ch.2003-402, § 127, Laws of Fla. . We recognize that in Thibault v. State, 945 So. 2d 646, 647 (Fla. 2d DCA 2006), this court addressed a March 2003 offense and reversed investigative costs upon a concession by the State that the trial court failed to consider Thibault’s financial resources. However, the opinion does not reflect whether the costs were ordered to be paid within a specified period or whether they were simply imposed as a judgment lien.