ANTHONY C. MATTHEWS, 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.
Anthony Matthews appealed his convictions and sentences for kidnapping, carjacking, attempted robbery, and sexual battery. The court affirmed the convictions and sentences but remanded to correct three improperly imposed costs that exceeded statutory limits or applied to ineligible victims.
The court affirmed the convictions and sentences but held that three costs were improperly imposed and must be stricken: the $100 cost under section 938.10(1) is inapplicable when the victim is not a minor; the additional $50 in state attorney costs above the mandatory $100 was improper due to lack of State substantiation; and the $1 exceeding the $151 maximum under section 938.085 must be removed.
[1] A cost imposed pursuant to section 938.10(1), Florida Statutes, is only applicable when the offense against a minor is in violation of chapter 794 and the victim is a min…
[2] The State bears the burden to substantiate the amount of costs incurred in excess of the mandatory statutory amount for the state attorney.
Previewing 2 of 4 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“Although Mr. Matthews was convicted of sexual battery under chapter 794, Mr. Matthews' victim was not a minor. Thus, section 938.10(1) is inapplicable, and the imposition of that cost was improper.”
Establishes that the $100 cost under section 938.10(1) requires a minor victim, which was not present here.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn December 2012, Anthony Matthews committed crimes of kidnapping, carjacking, attempted robbery, and four counts of sexual battery. At sentencing, th…
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 Burden Of Proof For Costs cases and more on FLexlaw
Anthony C. Matthews appeals his convictions and sentences for his December 2012 crimes of kidnapping, carjacking, attempted robbery, and four counts of sexual battery. Mr. Matthews raises several issues on appeal. We affirm in all respects; however, on the State’s concession of error, we conclude that certain costs must be stricken from his sentencing documents.
The trial court incorrectly imposed three costs. First, it imposed a cost of $100 pursuant to section 938.10(1), Florida Statutes (2012), which mandates costs if a person is found guilty of an offense against a minor in violation of chapter 794. Although Mr. Matthews was convicted of sexual battery under chapter 794, Mr. Matthews’ victim was not a minor. Thus, section 938.10(1) is inapplicable, and the imposition of that cost was improper. See Gonzalez v. State, 40 So.3d 60, 62 (Fla. 2d DCA 2010). Second, the trial court imposed costs for the state attorney of $150 *801pursuant to section 938.27(8), Florida Statutes (2012). The burden is on the State to substantiate the amount of costs incurred in excess of the mandatory statutory amount of $100. Collins v. State, 145 So.3d 930, 931 (Fla. 2d DCA 2014). Mr. Matthews is correct that the State never sought an amount above the mandatory statutory cost; therefore, the imposition of the additional $50 of that cost was improper. See id. Lastly, the trial court imposed a total cost of $152 pursuant to section 938.085, Florida Statutes (2012). That statute, though, does not authorize any cost above $151. Therefore, the additional $1 imposed was above the amount authorized under the statute.
Affirmed but remanded for corrections as to costs consistent with this opinion.
SILBERMAN and MORRIS, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Barbour v. State, 40 So. 3d 60 (Fla. 5th DCA 2010)
- Estaban E. Gonzalez v. State, 40 So. 3d 60 (Fla. 2d DCA 2010)
- Collins v. State, 145 So. 3d 930 (Fla. 2d DCA 2014)