BRANDON AUSTIN RIGGS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-05-29
No. 19-1907
McGillin, Jr., J., Evander, C.J., Harris, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must strike an investigation cost from a cost order when the State did not request it or offer evidence to support the amount.

Headnotes

[1] A trial court must strike an investigation cost from a cost order when the State did not request the cost or offer evidence to support the amount.

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Key Quotes

“the State did not request it or offer evidence to support the amount”

Court's explanation for remanding to strike the $100 investigation cost
Facts & Procedural History

Brandon Austin Riggs was convicted and sentenced in Putnam County Circuit Court. The trial court imposed costs including a $100 investigation cost for…

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Topics
Court Costs Assessment Anders Appeal

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Opinion of the Court
Evander

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

BRANDON AUSTIN RIGGS,

Appellant,

v. Case No. 5D19-1907

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 29, 2020

Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr., Judge.

Brandon Austin Riggs, Madison, pro se.

Keith Peterson, of Law Offices of Peterson, P.A., Mulberry, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm Brandon Austin Riggs’s conviction and sentence. We remand for the trial court to strike from the order for costs the $100 cost of

EVANDER, C.J., HARRIS and TRAVER, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 investigation for the Putnam County Sheriff’s Office because the State did not request it or offer evidence to support the amount. See § 938.27(1), Fla. Stat. (2019); Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). AFFIRMED and REMANDED with directions.

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