RODNEY MALONE

v.

STATE OF FLORIDA

Fla. 5th DCA | 2023-06-16

No. 22-2831

Florida District Court of Appeal, Fifth District (2023) Positive Treatment

Cited by 3 cases

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Holding

A trial court may not assess a sheriff's investigative cost under section 938.27(1), Florida Statutes, absent a specific request by the State.

Headnotes

[1] A trial court may not assess an investigative cost under section 938.27(1), Florida Statutes, without a specific request from the State.

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Facts & Procedural History

Rodney Malone was convicted in the Circuit Court for Volusia County. The trial court assessed a $100 sheriff's investigative cost.…

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Topics

Anders Appeal

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Opinion of the Court

PER CURIAM.

In this Anders¹ appeal, we affirm appellant’s judgment and sentence with one exception. The trial court erred in assessing the sheriff’s $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State did not request such a cost. See Chivese v. State, 331 So. 3d 264, 265 (Fla. 5th DCA 2020) (citing Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020) (requiring specific request by State for award of investigative costs). We remand for the trial court to enter an amended judgment removing the $100.00 investigative cost. In all other respects, we affirm. AFFIRMED; REMANDED with directions.

EISNAUGLE, MAKAR and KILBANE, JJ., concur.

Footnotes

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

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Citator

Cited By

Malone v. State (Fla. 5th DCA 2023)

…appellant’s judgment and sentence with one exception. The trial court erred in assessing the sheriff’s $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State did not request such a cost. See Chivese v. State, 331 So. 3d 264, 265 (Fla. 5th DCA 2020) (citing Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020) (requiring specific request by State for award of investigative costs). We remand for the trial court to enter an amended judgment removing the $100.00 investiga…
Malone v. State (Fla. 5th DCA 2023)

…appellant’s judgment and sentence with one exception. The trial court erred in assessing the sheriff’s $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State did not request such a cost. See Chivese v. State, 331 So. 3d 264, 265 (Fla. 5th DCA 2020) (citing Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020) (requiring specific request by State for award of investigative costs). We remand for the trial court to enter an amended judgment removing the $100.00 investiga…
Riggs v. State (Fla. 5th DCA 2023)

…PER CURIAM. AFFIRMED. See Stancil v. State, 331 So. 3d 264, 267 (Fla. 1st DCA 2021). WALLIS, LAMBERT, and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.…

Authorities Cited

Anders v. California, 386 U.S. 738 (U.S. 1967)
Smith v. State (Fla. 4th DCA 2026)
Malone v. State (Fla. 5th DCA 2023)

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