KENNETH WAYNE TOWNSEND
v.
STATE OF FLORIDA
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A trial court may not assess costs of investigation under section 938.27, Florida Statutes, without a request from the State, and must correct a sentencing scoresheet to remove enhancements the court orally declined to impose.
[1] Costs of investigation under section 938.27, Florida Statutes, that are not mandated in a minimum amount by statute must be requested and established by the State and can…
[2] A sentencing scoresheet must be corrected to remove enhancements that the trial court orally declined to impose at sentencing.
Previewing 2 of 2 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“It is axiomatic that costs not mandated in a minimum amount set by statute will have to be requested—and established—by the State. Because they must be proven, they must be requested.”
Court citing Parks v. State regarding the requirement that non-mandatory costs be requested by the State
Kenneth Wayne Townsend was convicted in St. Johns County Circuit Court and sentenced. The final judgment included a $100 cost of investigation fee tha…
The full statement of facts, procedural history, and disposition for this case are member content.
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-1379 L.T. Case No. 2022-CF-001583 _____________________________
KENNETH WAYNE TOWNSEND,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for St. Johns County.
R. Lee Smith, Judge.
Jonathan Edwin Mills, Orlando, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Tabitha Mills, Assistant Attorney General, Daytona Beach, for Appellee.
July 25, 2025
PER CURIAM.
In this Anders1 appeal, we affirm Kenneth Wayne Townsend’s judgment and sentence. However, the Order/Final Judgment for Charges, Costs, & Fees includes a $100.00 “Cost of Investigation to ST JOHNS COUNTY SHERIFF’S OFFICE,” pursuant to section 938.27, Florida Statutes, which the State did not request, and the
HARRIS, 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. _____________________________