KELSEY A. TURNER
v.
STATE OF FLORIDA
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A trial court may not impose an investigative cost unless it is requested by the State or the agency and is orally pronounced.
[1] An investigative cost may not be imposed by a trial court unless it is requested by the State or the agency and is orally pronounced by the court.
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Join FLexlaw to unlock all legal intelligenceKelsey A. Turner appealed her conviction and sentence from the Circuit Court for Volusia County. The trial court imposed a $100 investigative cost tha…
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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
KELSEY A. TURNER,
Appellant,
v. Case No. 5D20-357
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 23, 2020
Appeal from the Circuit Court for Volusia County, Dawn D. Nichols, Judge.
James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Kelsey A. Turner, Bushnell, pro se.
Ashley Moody, Attorney General, Tallahassee, and Allison
L.
Morris, Assistant Attorney General, Daytona Beach, for Appellee.
EDWARDS, J.
Following careful review, we affirm the judgment and sentence entered below, with one exception. The trial court ordered Appellant to pay a $100 investigative cost; however, it was not requested by the State or the agency, nor was it orally pronounced.
2 See § 938.27(1), Fla. Stat. (2020); Quinby v. State, 299 So. 3d 626 (Fla. 5th DCA 2020); Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). Because the $100 cost of investigation was improperly imposed, we remand for the trial court to enter an amended sentence striking the $100 investigative cost.
AFFIRMED AND REMANDED.
EVANDER, C.J., and COHEN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jomar Morales Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019)
- Mikkia Lewis v. State, 299 So. 3d 626 (Fla. 5th DCA 2020)