SHANTONIO KEMP
v.
STATE OF FLORIDA
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A trial court may not impose investigation costs without evidence supporting the actual costs incurred by the investigating agency.
[1] Investigation costs under Florida Statute § 938.27(1) must be supported by evidence of actual costs incurred and cannot be imposed speculatively with an opportunity to pr…
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The court rejected the State's request for an opportunity to prove investigation costs on remand, citing Richards v. State.
Shantonio Kemp was convicted and sentenced in Putnam County Circuit Court. The trial court imposed various costs assessments including a $100 cost of …
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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
SHANTONIO KEMP,
Appellant,
v. Case No. 5D18-3673
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 12, 2020
Appeal from the Circuit Court for Putnam County,
R. Michael Hutcheson, Senior Judge.
Anthony M. Candela, of Candela Law Firm, P.A., Riverview, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent- Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Shantonio Kemp’s judgment and sentence. We further affirm all costs assessments except for the “$100 Cost of Investigation [for the] Palatka Police.” See § 938.27(1), Fla. Stat. (2018); Richards v. State, 288 So. 3d 574, 577 (Fla. 2020). The State argues that it should be given an opportunity to prove the costs of investigation on remand. However, our supreme court has rejected this argument. See Richards, 288
AFFIRMED; and REMANDED with INSTRUCTIONS.
WALLIS, EISNAUGLE, and TRAVER, JJ., concur.