RICHARD COLLAKE
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 may not impose a cost of investigation under section 938.27(1) Florida Statutes without a request from the State.
[1] A trial court may not impose a cost of investigation under section 938.27(1) Florida Statutes without a request from the State.
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 intelligenceRichard Collake entered an open plea of no contest reserving the right to appeal the trial court's denial of three motions to suppress. The trial cour…
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 Investigative Costs cases and more on FLexlaw
December 21, 2023 PER CURIAM.
In this Anders* case, Appellant Richard Collake appeals the judgment and sentence resulting from his open plea of no contest,
* See Anders v. California, 386 U.S. 738 (1967).
whereby Collake reserved the right to appeal the trial court’s denial of his three motions to suppress. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A).
We affirm the court’s denial of Collake’s motions. However, we reverse the $100.00 cost of investigation imposed by the trial court pursuant to section 938.27(1), Florida Statutes (2017), as the State failed to request such cost. See Richards v. State, 288 So. 3d 574 (Fla. 2020). This case is remanded for the trial court to enter an amended judgment and sentence without the cost of investigation.
In all other respects, we affirm.
AFFIRMED IN PART AND REVERSED IN PART. LAMBERT, SOUD, and MACIVER, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State (Fla. 4th DCA 2026)