JESSIE A. GANDY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-05-24
No. 2023-3132
338 So. 3d 424 2024 FL 6064 Florida District Court of Appeal, Fifth District (2024) Positive Treatment
Also reported at: 386 So. 3d 266
Cited by 2 cases

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Holding

An unagreed-upon cost of investigation must be struck from the costs judgment when it was not part of the plea agreement, requested by the State, or orally pronounced by the trial court.


Headnotes

[1] A cost not included in a plea agreement, not requested by the prosecution, and not orally pronounced by the trial court may not be imposed in the costs judgment.

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Key Quotes

“we remand for a corrected costs judgment striking the $50 cost of investigation because it was not part of the plea agreement, requested by the State, or orally pronounced”

The court's statement of the grounds for remand

Facts & Procedural History

Gandy was convicted and sentenced in County Court for Putnam County. A costs judgment was entered that included a $50 cost of investigation.…

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Opinion of the Court

We affirm Appellant’s judgment and sentence, but we remand for a corrected costs judgment striking the $50 cost of investigation because it was not part of the plea agreement, requested by the State, or orally pronounced. See Giddens v. State, 338 So. 3d 424, 424 (Fla. 5th DCA 2022).

AFFIRMED and REMANDED with instructions. MAKAR, KILBANE, and PRATT, 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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Citator

Cited By

  • Gandy v. State, 338 So. 3d 424 (Fla. 5th DCA 2024)
    …IAM. We affirm Appellant’s judgment and sentence, but we remand for a corrected costs judgment striking the $50 cost of investigation because it was not part of the plea agreement, requested by the State, or orally pronounced. See Giddens v. State, 338 So. 3d 424, 424 (Fla. 5th DCA 2022). AFFIRMED and REMANDED with instructions. MAKAR, KILBANE, and PRATT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.…
  • Sanders v. State (Fla. 5th DCA 2024)

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