DEREK LEVON O'NEAL
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Trial courts may impose investigatory costs under section 938.27(1), Florida Statutes, only when requested by the State or agency involved.
[1] Trial courts may impose investigatory costs under section 938.27(1), Florida Statutes, only when requested by the State or agency involved; costs cannot be imposed as a s…
Previewing 1 of 1 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“Trial courts may impose investigatory costs, but only when requested by the State or agency involved.”
Court's statement of the applicable legal standard for imposing investigatory costs.
Derek Levon O'Neal was convicted and sentenced in Putnam County Circuit Court. The trial court imposed a $100 investigative cost as a standard cost.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appeal From Judgment And Sentence cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DEREK LEVON O'NEAL,
Appellant,
v. Case No. 5D19-3048
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 27, 2020
Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr. , Judge.
James S. Purdy, Public Defender, and Glendon G. Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Derek Levon O’Neal’s judgment and sentence. However, we remand for the trial court to strike the $100 investigative cost assessed pursuant to section 938.27(1), Florida Statutes (2019), and imposed as a “standard” cost. “Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” Rogers v.
2 State, 45 Fla. L. Weekly D200 (Fla. 5th DCA Jan. 24, 2020) (internal citations omitted); accord Richards v. State, 288 So. 3d 574 (Fla. 2020).
AFFIRMED; REMANDED WITH INSTRUCTIONS.
EISNAUGLE, SASSO and TRAVER, JJ., concur.