DAMERIUS KASHON HART
v.
STATE OF FLORIDA
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Extradition costs are costs of prosecution that trial courts are authorized to impose under Florida Statute § 938.27(1), and such costs are not rendered invalid by an erroneous citation to a statute, provided the amount and description of the assessment are clearly stated.
[1] Extradition costs are costs of prosecution that a trial court is authorized to impose on a convicted person under Florida Statute § 938.27(1).
[2] A trial court's assessment of costs in a criminal judgment is not rendered invalid by an erroneous statutory citation if the amount and description of the assessment are…
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Join FLexlaw to unlock all legal intelligence“In all criminal cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies, . . . if requested by such agencies.”
Fla. Stat. § 938.27(1) (2022)
Hart was convicted by jury of two counts of lewd and lascivious battery on a child between the ages of twelve and sixteen. The trial court imposed $4,…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-1345 Lower Tribunal No. 2022CF003270
DAMERIUS KASHON HART, Appellant,
v.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Osceola County. Keith A. Carsten, Judge.
April 24, 2026
PER CURIAM.
Damerius Kashon Hart appeals his judgment and sentence after a jury found him guilty as charged of two counts of lewd and lascivious battery on a child between the ages of twelve and sixteen. Hart's challenge to the trial court's imposition of extradition costs is meritless because such imposition is authorized by Florida law. See § 938.27(1), Fla. Stat. (2022) (“In all criminal cases, convicted persons are liable for payment of the costs of prosecution, including investigative costs incurred by law enforcement agencies, . . . if requested by such agencies. The court shall include these costs in every judgment rendered against the convicted person."); Bass v. State, 873 So. 2d 569, 570 (Fla. 2d DCA 2004) (recognizing that extradition costs are costs of prosecution authorized under section 938.27(1)). Because the trial court's imposition of $4,025 is described as "Cost of Extradition," it is not rendered invalid by the erroneous reference to section 941.06 as "Statutory Authority."¹ See Redman v. State, 412 So. 3d 201, 203 (Fla. 6th DCA 2025) (explaining that a trial court is not required to cite a specific statute for an assessment, if it provides the amount and description of the assessment). We reject Hart's other arguments on appeal without further discussion.
AFFIRMED.
STARGEL, WHITE and KAMOUTSAS, JJ., concur.
Robert David Malove and Hani Demetrious, of The Law Office of Robert David Malove, P.A., Fort Lauderdale, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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Citator
Cited By
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Damerius Kashon Hart v. State (Fla. 6th DCA 2026)
Authorities Cited
- Bass v. State, 873 So. 2d 569 (Fla. 2d DCA 2004)
- Damerius Kashon Hart v. State (Fla. 6th DCA 2026)