ANTHONY JEROME BROOKS
v.
STATE OF FLORIDA
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In this Anders appeal, the Florida District Court of Appeal, Fifth District affirmed Anthony Brooks's judgment and sentence but remanded the case for the trial court to properly reimpose court costs that exceeded $100, requiring either Brooks's agreement or competent substantial evidence to support them.
The judgment and sentence are affirmed. However, the case is remanded because courts may only impose amounts higher than $100 for prosecution costs and public defender costs upon either the defendant's agreement to pay or upon showing of sufficient proof of higher fees or costs actually incurred.
[1] Courts may impose costs of prosecution and costs of public defender services exceeding $100 only upon the defendant's agreement to pay or submission of competent substant…
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Join FLexlaw to unlock all legal intelligence“Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender "upon showing of sufficient proof of higher fees or costs incurred."”
Establishes the legal standard requiring competent evidence to justify court costs exceeding $100
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Join FLexlaw to unlock all legal intelligenceAnthony Brooks was convicted and sentenced. The trial court imposed costs of prosecution and public defender fees, including amounts exceeding $100. T…
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PER CURIAM.
In this Anders1 appeal, we affirm Anthony Brooks’s judgment and sentence. We remand, however, for the trial court to reimpose
the portion of the cost of prosecution and the cost of the public defender that each exceeded $100, either upon Brooks’s agreement to pay them or upon the submission of competent substantial evidence to support them. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender “upon showing of sufficient proof of higher fees or costs incurred.” § 938.27(8), Fla. Stat. (2022).
AFFIRMED and REMANDED with instructions.
SOUD, BOATWRIGHT, and MACIVER, JJ., concur.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Icon v. State, 322 So. 3d 117 (Fla. 4th DCA 2021)