JASON LAVON MCCLAIN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-10-17
No. 2024-2955
Wallis, J., Edwards, J., Eisnaugle, J., Heidt, J.
2025 FL 9155 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court may not impose investigative costs unless the State requests such costs be imposed.


Headnotes

[1] The State must request investigative costs at trial to make a defendant liable for those costs; absent such a request, investigative costs must be struck from the judgmen…

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Key Quotes

“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”

Richards v. State, 288 So. 3d 574, 577 (Fla. 2020)

Facts & Procedural History

Appellant was convicted of Resisting an Officer Without Violence following a bench trial in Volusia County. The trial court imposed a $50 Cost of Inve…

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Opinion of the Court
Wallis

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-2955 LT Case No. 2024-115633-MMDB _____________________________

JASON LAVON MCCLAIN,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the County Court for Volusia County. Wesley Harold Heidt, Judge.

Matthew J. Metz, Public Defender, and Evan Altes, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. October 17, 2025

WALLIS, J.

In this Anders1 case, Appellant appeals his judgment and sentence for Resisting An Officer Without Violence following a bench trial. We affirm Appellant’s judgment and sentence but

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

EDWARDS and EISNAUGLE, JJ., concur.

_____________________________

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

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 remand for entry of a corrected judgment which strikes the $50 Cost of Investigation because the Appellee never requested the same be imposed by the trial judge. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”); Somers v. State, No. 5D2024-2640, 2025 WL 2370675, at *1 (Fla. 5th DCA Aug. 15, 2025) (striking cost of investigation when there was no request by the State).

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