DAVID JEROME BROWN
v.
STATE OF FLORIDA
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In this Anders appeal, the Florida Fourth District Court of Appeal affirmed the trial court's judgment where defense counsel properly conceded no issue of arguable merit existed. The court specifically rejected any challenge to the assessment of prosecution costs under Florida Statute § 938.27.
No issue of arguable merit exists. The assessment of prosecution costs pursuant to section 938.27, Florida Statutes, was proper, particularly where the defendant affirmatively agreed to pay the requested amount, which waives entitlement to any further hearing on such costs.
[1] A defendant who affirmatively agrees to pay a requested amount of prosecution costs pursuant to Florida Statute section 938.27 waives entitlement to a hearing on the asse…
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 intelligence“assessment of prosecution costs pursuant to section 938.27, Florida Statutes, need not be supported by evidence if the defendant affirmatively agrees to pay the requested amount”
Establishes that stipulation to prosecution costs eliminates the need for evidentiary support
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Join FLexlaw to unlock all legal intelligenceDavid Jerome Brown was convicted and sentenced by the trial court, which assessed prosecution costs against him. Defense counsel filed an Anders appea…
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Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Michael C. Heisey, Judge; L.T. Case No. 562022CF002909A.
Carey Haughwout, Public Defender, and Devin Johnson, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Sorraya M. Solages- Jones, Senior Assistant Attorney General, for appellee. PER CURIAM. In this Anders appeal, defense counsel properly concedes no issue of arguable merit exists.1 We specifically note that any argument that the trial court’s assessment of prosecution costs was improper also lacks merit. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021) (explaining that assessment of prosecution costs pursuant to section 938.27, Florida Statutes, need not be supported by evidence if the defendant affirmatively agrees to pay the requested amount); Watts v. State, 973 So. 2d 1271, 1273 (Fla. 2d DCA 2008) (concluding that stipulation to payment of specific amount of costs pursuant to section 938.27, Florida Statutes, waives entitlement to any further hearing on such costs).
Affirmed. CONNER, KUNTZ and ARTAU, JJ., concur.
2
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Icon v. State, 322 So. 3d 117 (Fla. 4th DCA 2021)
- Watts v. State, 973 So. 2d 1271 (Fla. 2d DCA 2008)