GLENN MICHAEL SWEARENGIN
v.
STATE OF FLORIDA
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The trial court may assess a $100 mandatory state attorney cost without the State first requesting its imposition.
[1] A trial court may assess a mandatory state attorney cost without a prior request from the State to impose such cost.
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Join FLexlaw to unlock all legal intelligenceGlenn Michael Swearengin appealed a trial court decision regarding the assessment of a mandatory state attorney cost. The circuit court for Bay County…
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December 20, 2023 PER CURIAM.
AFFIRMED. See Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023) (holding that the State was not required to request the imposition of the $100 mandatory state attorney cost before the court assessed it).
B.L. THOMAS, ROWE, and BILBREY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Cleveland v. State (Fla. 1st DCA 2024)
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Morales v. State (Fla. 5th DCA 2024)…PER CURIAM. AFFIRMED. See O’Malley v. State, 378 So. 3d 672 (Fla. 5th DCA 2024); Parks v, State, 371 So. 3d 392, 393 (Fla. 1st DCA 2023) (holding that a cost imposed under section 938.27(8), Florida Statutes (2020), is mandatory and recognizing conflict with D.L.J. v. State, 331 So. 3d 227, 228 (Fla. 2d DCA 2021)) reh’g denied (Sept. 27, 2023), review grante…
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Getzlaff v. State, 359 So. 3d 442 (Fla. 1st DCA 2023)…me served. As for the first issue, we affirm the trial court’s decision to deny Getzlaff’s motion for judgment of acquittal without further comment. Second, we affirm the trial court’s imposition of the $50 cost of prosecution. See Parks v. State, 371 So. 3d 392, 393-94 (Fla. 1st DCA 2023) (“[T]he State was not required to request the [] mandatory state attorney cost before the court assessed it.”). Third, we affirm the trial court’s imposition of the $2 cost for criminal justice education despite the trial…
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