WILLIAM HENRY CAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain costs imposed by the trial court were improperly ordered without oral pronouncement and proper procedure. The court affirmed the conviction but reversed the imposition of specific costs.
Appellant was convicted of sale or delivery of cocaine. The trial court imposed costs for the FDLE Operating Trust Fund and a sheriff's investigative …
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We affirm Appellant’s ' judgment and sentence for sale or delivery of cocaine, but based on thé state’s proper concession of error in response to our Harrison or'der,1 we reverse the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes, and the .$100 sheriffs investigative cost pursuant to section 938.27. The trial court did not orally pronounce these costs at the sentencing hearing. See Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012),
On remand, the trial court may reimpose the FDLE Operating Trust Fund cost after following the proper procedure. Id. However, the sheriffs investigatory cost may not be reimposed on remand because the record does not show that the state requested this cost. See Mills v. State, 177 So.3d 984 (Fla. 1st DCA 2015); *1097 Bratton v. State, 156 So.3d 590 (Fla. 1st DCA 2015); Cook v. State, 149 So.3d 118 (Fla. 1st DCA 2014).
AFFIRMED in part; REVERSED in part and REMANDED with directions.
WETHERELL, MAKAR, and WINOKUR JJ., concur.
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Rolfe v. State, 291 So. 3d 1283 (Fla. 5th DCA 2020)
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Montanez v. State, 275 So. 3d 1265 (Fla. 5th DCA 2019)…g paraphernalia, but we reverse and remand the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2018). The trial court failed to orally pronounce this cost at sentencing. See Cain v. State, 197 So. 3d 1096, 1096 (Fla. 1st DCA 2016) (reversing and remanding $100 cost for FDLE Operating Trust Fund pursuant to section 938.055, because trial court failed to orally pronounce cost at sentencing hearing but noting that trial court could reimpose cost on re…
Authorities Cited
- NIX v. State, 84 So. 3d 424 (Fla. 1st DCA 2012)
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)
- Terone Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014)
- MCG Fin. Servs., L.L.C. v. Technogroup, Inc., 149 So. 3d 118 (Fla. 4th DCA 2014)
- Bratton v. State, 156 So. 3d 590 (Fla. 1st DCA 2015)
- Reid v. Dep't OF Corr., 149 So. 3d 118 (Fla. 1st DCA 2014)