DARRYL EDWARD MCKNIGHT JR.
v.
STATE OF FLORIDA
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Imposition of costs of prosecution on appeal, including FDLE costs, is affirmed where the State requested such costs and the defendant failed to preserve a challenge to the sufficiency of evidence supporting the costs.
[1] A claim that insufficient evidence was presented to support imposition of costs, including FDLE costs, is not preserved for appeal absent a timely motion under Fla. …
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Join FLexlaw to unlock all legal intelligenceAppellant Darryl Edward McKnight Jr. appealed an order imposing costs of prosecution, including costs from the Florida Department of Law Enforcement (…
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November 29, 2023 PER CURIAM.
Appellant challenges the imposition of costs on appeal. We affirm the imposition of costs of prosecution without further comment. See Parks v. State, 48 Fla. L. Weekly D1524 (Fla. 1st DCA Aug. 2, 2023). As to Appellant’s claim that the State failed to request the FDLE costs that were imposed, the record shows otherwise. To the extent Appellant argues that there was not sufficient evidence to support imposition of the FDLE costs, this issue was not preserved for appeal. See Mapp v. State, 71 So. 3d 776 (Fla. 2011) (holding that a claim that insufficient evidence was presented to support the order for restitution was not preserved for appeal by filing 3.800(b) motion).
AFFIRMED.
ROBERTS, RAY, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.