NATHAN A. ST. OURS
v.
STATE OF FLORIDA
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A trial court may not impose a cost of investigation assessment under Florida Statute § 938.27(1) when the State has not requested it and the amount is arbitrary.
[1] A trial court may not impose a cost of investigation assessment under Florida Statute § 938.27(1) when the State has not requested such costs before judgment is entered,…
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Join FLexlaw to unlock all legal intelligence“The State did not request the $100 assessment, and the Legislature did not intend for the imposition of an arbitrary amount of costs.”
Court's explanation for why the cost of investigation assessment must be struck
Nathan St. Ours pleaded no contest to robbery and resisting an officer without violence. The trial court imposed a sentence conforming to the negotiat…
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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
NATHAN A. ST. OURS,
Appellant,
v. Case No. 5D19-2904
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed May 15, 2020
Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.
David Maldonado, of The Maldonado Law Firm, P.A., Lakeland, for Appellant. Nathan A. St. Ours, Milton, pro se.
Ashley Moody, Attorney General, Tallahassee, and Pamela
J.
Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Nathan St. Ours pleaded no contest to robbery and resisting an officer without violence. His sentence conformed to the negotiated plea agreement and is lawful except for the assessment of a $100 cost of investigation. The State did not request the $100 assessment, and the Legislature did not intend for the imposition of an arbitrary amount of costs. § 938.27(1), Fla. Stat. (2019).
2 We remand with directions that the trial court enter an amended costs judgment that does not include the $100 cost of investigation assessment.1 See Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017). AFFIRMED; REMANDED with directions.
COHEN, WALLIS and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Richards v. State, 288 So. 3d 574 (Fla. 2020)
- Chambers v. State, 217 So. 3d 210 (Fla. 4th DCA 2017)