CLIFFORD DESUE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-03-14
No. 2024-0168
Crawford, J., Makar, J., Kilbane, J., MacIver, J.
2025 FL 2216 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court does not commit error in imposing a $100 prosecution cost under section 938.27(8), Florida Statutes, without a request on the record from the state.


Headnotes

[1] Under section 938.27(8), Florida Statutes, a trial court may impose a $100 prosecution cost without requiring a prior request on the record from the state.

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Facts & Procedural History

Clifford Desue appealed a judgment from the Circuit Court for Brevard County that imposed a $100 prosecution cost.…

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Opinion of the Court
Maciver

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-0168 LT Case No. 2022-CF-15355-A _____________________________

CLIFFORD DESUE,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Brevard County. Charles G. Crawford, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Stephen Randolph Putnam Jr., Assistant Attorney General, Daytona Beach, for Appellee.

March 14, 2025

PER CURIAM.

AFFIRMED. See O’Malley v. State, 378 So. 3d 672, 673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the

2 state); see also Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023), rev. granted, No. SC2023-1355, 2024 WL 370043, at *1 (Fla. Jan. 31, 2024).

MAKAR, KILBANE, and MACIVER, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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