SHANKAR MARAGH
v.
STATE OF FLORIDA
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A trial court may not impose a cost of prosecution fee exceeding the statutory minimum of $100 without evidence justifying the additional expense.
[1] A trial court must support any cost of prosecution fee exceeding the statutory minimum of $100 with appropriate factual findings and may not impose such excess costs with…
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Join FLexlaw to unlock all legal intelligence“impose the mandatory $100 fee, or to impose further costs if it makes appropriate factual findings to support the imposition.”
The court's direction to the trial court on remand regarding the cost of prosecution fee.
Appellant was convicted and sentenced, and the trial court imposed a $200 cost of prosecution fee. The State conceded that this amount exceeded the st…
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PER CURIAM. We affirm appellant’s conviction and sentence, except for the imposition of $200 for the cost of prosecution, which, as the State concedes, exceeds the statutorily authorized minimum of $100. See § 938.27(8), Fla. Stat. (2018). As the State presented no evidence justifying the additional expense, we reverse pursuant to Bevans v. State, 291 So. 3d 591, 594 (Fla. 4th DCA 2020) and remand for the trial court to “impose the mandatory $100 fee, or to impose further costs if it makes appropriate factual findings to support the imposition.” WARNER and MAY, JJ., and HILAL, JENNIFER, Associate Judge, concur. * * * Not final until disposition of timely filed motion for rehearing.