TERRI FERGUSON QUINBY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-07-31
No. 20-0928
Cohen, J., Lambert, J., Traver, J., McGillin, Jr., J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must strike from a cost order any cost that the State did not request or offer evidence to support.

Headnotes

[1] A trial court may not impose a cost against a defendant unless the State requests the cost and offers evidence to support the amount.

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Facts & Procedural History

Terri Ferguson Quinby was convicted and sentenced. The trial court imposed costs including a $100 investigation cost for the Putnam County Sheriff's O…

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Topics
Anders Appeal

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Opinion of the Court
Traver

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

TERRI FERGUSON QUINBY,

Appellant,

v. Case No. 5D20-928

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed July 31, 2020

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

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm Terri Ferguson Quinby’s judgment and sentence. We remand for the trial court to strike from the order for costs the $100 cost of investigation for the Putnam County Sheriff’s Office because the State did not request it

COHEN, LAMBERT and TRAVER, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 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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