BERNARD PEDREIRA
v.
STATE OF FLORIDA
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While affirming the underlying conviction and sentence, the court must strike a cost of prosecution exceeding $100 without evidentiary support and a domestic violence surcharge assessed to a count that did not qualify for such surcharge.
[1] A cost of prosecution exceeding the statutory minimum of $100 under section 938.27(8), Florida Statutes, may only be imposed if the State presents evidence justifying the…
[2] A domestic violence surcharge under section 938.08, Florida Statutes, may not be assessed to a count that does not qualify for such surcharge.
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Join FLexlaw to unlock all legal intelligenceBernard Pedreira appealed his conviction in an Anders appeal. The trial court imposed costs including a $150 cost of prosecution and multiple domestic…
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October 8, 2024 PER CURIAM.
In this Anders* appeal, we affirm Appellant’s conviction and sentence, but we conclude that the State has not made a showing
* Anders v. California, 386 U.S. 738 (1967).
justifying the imposition of a cost of prosecution in excess of $100, and the $150 cost of prosecution should therefore be stricken. See § 938.27(8), Fla. Stat. (2017); Chivese v. State, 295 So. 3d 324 (Fla. 5th DCA 2020). In addition, we conclude that the court’s third assessment of a $201 domestic violence surcharge also must be stricken because the applicable count did not qualify for the assessment. See § 938.08, Fla. Stat. (2017). On remand, the trial court shall enter an amended cost judgment that omits the third domestic violence surcharge assessment, and the court shall either assess the mandatory minimum cost of $100 for the cost of prosecution under section 938.27, or hold an evidentiary hearing with proper notice that provides Appellant with an opportunity to be heard if the court intends to impose a cost in excess of the minimum $100 for the cost of prosecution. Appellant’s “motion to vacate motion for extension of time to file initial brief,” filed July 15, 2024 (mailbox rule), treated as a notice of withdrawal of Appellant’s motion for extension of time, is ACCEPTED and his motion for extension of time is deemed withdrawn.
AFFIRMED; REMANDED with directions.
WALLIS, MACIVER, 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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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Chivese v. State, 295 So. 3d 324 (Fla. 5th DCA 2020)