JAVAUGHN SKINKLE
v.
STATE OF FLORIDA
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A trial court cannot assess investigative costs under section 938.27(1), Florida Statutes, in the absence of a request from the State.
[1] A trial court errs in assessing investigative costs under section 938.27(1), Florida Statutes, without a prior request from the State.
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Join FLexlaw to unlock all legal intelligence“[T]he State must request investigative costs to make a defendant liable for those costs . . .”
Richards v. State, 288 So. 3d 574, 577 (Fla. 2020)
Javaughn Skinkle was convicted of a crime in circuit court and received a judgment and sentence that included an assessment of investigative costs. Th…
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PER CURIAM.
In this Anders1 appeal, we affirm Javaughn Skinkle’s judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .” (citation omitted)). We remand for the trial court to enter an amended judgment without including these investigative costs. In all other respects, we affirm. See State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021) (“[T]here is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c).”).
AFFIRMED; REMANDED with directions. LAMBERT, C.J., EDWARDS and EISNAUGLE, JJ., concur.
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Melendez v. State, 339 So. 3d 498 (Fla. 2d DCA 2022)…rthermore, based on the wording of rule 9.140(b)(2)(A)(ii)(b), we conclude that the failure to raise the issue in a motion to withdraw plea is an absolute bar to review and that we cannot review the issue for fundamental error. Cf. State v. Dortch, 317 So. 3d 1074, 1082-83, 1084 (Fla. 2021) (interpreting identical language in subsection (c) of rule 9.140(b)(2)(A)(ii)—which allows a defendant who has entered a guilty or nolo contendere plea to raise on direct appeal the voluntariness of the plea but only "if p…
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Liferson Brevil v. State (Fla. 4th DCA 2021)…fundamental error exception to the preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c., which permits appeals from involuntary guilty/no contest pleas if preserved by a motion to withdraw plea. State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021). However, Dortch does not appear to apply here, as Brevil does not argue his plea was involuntary. Instead, he asserts fundamental error in the acceptance of his plea where the record before the court demonstrated the state co…
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Rivera v. State (Fla. 4th DCA 2022)…his motion to withdraw a plea because the trial judge did not properly address appellant’s competency. Based on the State’s proper confession of error, we agree. First, appellant preserved the issue for appellate review. See State v. Dortch, 317 So. 3d 1074 (Fla. 2021). Second, we agree that the trial court erred by moving forward with trial when there were legitimate doubts regarding appellant’s competency. See Finkelstein v. State, 574 So. 2d 1164, 1169 (Fla. 4th DCA 1991); Pacheco v. State, 114…
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