KAHASIM RASHID BROWN
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-03-13
No. 2022-3371
2024 FL 2732 Florida District Court of Appeal, First District (2024)

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Holding

Trial courts are required by Florida Statutes section 938.27(8) to impose prosecution costs of no less than $50 for misdemeanor cases and no less than $100 for felony cases, regardless of whether the State requests such costs.


Headnotes

[1] Under Florida Statutes section 938.27(8), trial courts must impose prosecution costs as a mandatory sentence requirement without waiting for a request from the State.

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Facts & Procedural History

Appellant Brown appealed a trial court's denial of his rule 3.800(b)(2) motion to correct sentencing error. The motion apparently challenged the impos…

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Opinion of the Court

March 13, 2024 PER CURIAM.

The lower court correctly denied Appellant’s rule 3.800(b)(2) motion to correct sentencing error. Section 938.27(8), Florida Statutes, requires trial courts to impose no less than $50 for the costs of prosecution in misdemeanor cases and no less than $100 in felony cases. The State need not request imposition of these costs.

AFFIRMED. B.L. THOMAS, ROBERTS, and ROWE, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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