JAMES M. TALBERT
v.
STATE OF FLORIDA
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A trial court may not impose the mandatory $151 cost under section 938.10(1), Florida Statutes, when the evidence establishes the victim was not a minor.
[1] Section 938.10(1), Florida Statutes, which mandates a $151 cost assessment for convictions of offenses against minors, applies only when the victim is a minor, and the co…
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Join FLexlaw to unlock all legal intelligenceTalbert was convicted under chapter 794, Florida Statutes. The trial court imposed a $151 cost pursuant to section 938.10(1), which applies only to of…
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February 14, 2025 PER CURIAM.
In this appeal that is proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm Appellant’s convictions and sentences. However, we remand for the trial court to strike from the order for costs the sum of $151 that it assessed against Appellant pursuant to section 938.10(1), Florida Statutes (2021).
Pertinent here, this statute provides that if a person is found guilty of any offense against a minor in violation of chapter 794, Florida Statutes, the court shall impose a court cost of $151 against the offender, in addition to any other cost or penalty required by law. The allegations made by the State in the charging document, plus the evidence presented at trial for the chapter 794 violation of which Appellant was convicted, show that the victim was not a minor.
AFFIRMED; REMANDED with directions. MAKAR, LAMBERT, and JAY, 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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