MEAGAN WILSEY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court errs in imposing a cost of prosecution exceeding the statutory minimum without evidence that the State incurred higher costs or a request for higher fees, and without giving the defendant opportunity to object.
[1] A trial court may not impose a cost of prosecution exceeding the statutory minimum provided in section 938.27(8), Florida Statutes, unless the State presents evidence tha…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceWilsey was convicted and sentenced after violating probation. She sought a downward departure based on mental health issues, which the trial court den…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mental Health Issues cases and more on FLexlaw
PER CURIAM.
Appellant appeals her conviction and sentence based upon the trial court’s determination that she had violated probation. We affirm the conviction without further discussion, concluding the issues which appellant raises are without merit.
As to the sentence, appellant sought a downward departure in her sentence based upon her claims of mental health issues. She contends that the court’s comments at sentencing evinced an impermissible policy against granting downward departures based upon mental illness. Our review of the record shows that the court did not announce any such policy, and that the court’s comments were directed to the specific facts of appellant’s case. Thus, we affirm her sentence.
We reverse, however, the imposition of costs in the sentence. The court imposed a $200 cost of prosecution without evidence from the State to support the cost, nor an opportunity for appellant to object to the enhanced cost. The State concedes that the cost of prosecution should have been $100 pursuant to section 938.27(8), Florida Statutes (2021), because the State did not request a higher fee or provide proof of incurring higher costs. Bevans v. State, 291 So. 3d 591, 593–94 (Fla. 4th DCA 2020). Accordingly, the trial court erred in imposing the $200 in cost of prosecution. On remand, the trial court should reduce the cost to the statutory minimum of $100 or reimpose the additional costs if sufficient findings are made. Bartolone v. State, 327 So. 3d 331, 336 (Fla. 4th DCA 2021).
Affirmed in part and reversed in part.
WARNER, DAMOORGIAN and CONNER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2