RAY MERCADO
v.
STATE OF FLORIDA
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Prosecution/investigative costs under section 938.27(1), Florida Statutes, may not be imposed without an affirmative request on the record, and such costs must be struck on remand.
[1] Section 938.27(1), Florida Statutes, requires an affirmative request for prosecution and investigative costs to be made on the record before such costs may be imposed in…
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Join FLexlaw to unlock all legal intelligence“the plain language of section 938.27(1), Florida Statutes (2016), requires that the costs be requested and there is no such request on the record before us”
Court explaining why the $100 prosecution/investigative costs must be struck.
Ray Mercado was convicted of lewd or lascivious battery and sentenced, including $100 in prosecution/investigative costs. Mercado appealed on an Ander…
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KHOUZAM, Judge.
This is Ray Mercado's Anders1 appeal of his judgment and sentence for lewd or lascivious battery. In both his motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) as well as in his pro se initial brief, 1Anders v. California, 386 U.S. 738 (1967).
Mercado argues that the court improperly imposed $100 in prosecution/investigative costs. We affirm Mercado's judgment and sentence in all respects except we remand for the trial court to strike the $100 in prosecution/investigative costs because the plain language of section 938.27(1), Florida Statutes (2016), requires that the costs be requested and there is no such request on the record before us. See Thomas v. State, 236 So. 3d 1159, 1161 (Fla. 1st DCA 2018). The prosecution/investigative costs may not be reimposed on remand. See id.
Affirmed and remanded with instructions.
LaROSE, C.J., and SLEET, JJ., Concur.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Thomas v. State, 236 So. 3d 1159 (Fla. 1st DCA 2018)