SHAWN SILSBY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-04-17
No. 19-2088
Craig, J., Lambert, J., Eisnaugle, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must strike an award of investigative costs that was not requested and is not supported by competent substantial evidence.


Headnotes

[1] An award of investigative costs must be supported by competent substantial evidence and cannot be imposed without such evidentiary support.

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Key Quotes

“An award of investigative costs must be supported by competent substantial evidence.”

Court citing Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019)

Facts & Procedural History

Shawn Silsby was convicted and sentenced in Volusia County Circuit Court. The trial court imposed costs including a $100 cost of investigation for the…

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Opinion of the Court
Sasso

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

SHAWN SILSBY,

Appellant,

v. Case No. 5D19-2088

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April 17, 2020

Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge.

James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 case, we affirm Appellant’s judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation for the

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 Edgewater Police Department because it was not requested, and the State offered no evidence to support the amount. See § 938.27(1), Fla. Stat. (2019); Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019) (“An award of investigative costs must be supported by competent substantial evidence.” (citation omitted)). AFFIRMED in part; REVERSED in part; and REMANDED. LAMBERT, EISNAUGLE, and SASSO, JJ., concur.

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