CRISTIAN POLANCO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-02-21
No. 5D2023-3061
Brigham, J., Makar, J., Wallis, J., MacIver, J.
2025 FL 1571 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the state.


Headnotes

[1] Under Florida Statute section 938.27(8), a trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the state.

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Facts & Procedural History

Christian Polanco appealed a criminal conviction from Marion County Circuit Court. The trial court imposed a $100 prosecution cost.…

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Opinion of the Court

PER CURIAM.

AFFIRMED. See O’Malley v. State, 378 So. 3d 672, 673−74 (Fla. 5th DCA 2024) (finding, pursuant to section 938.27(8), Florida Statutes, that the trial court does not commit error in imposing a $100 prosecution cost without a request on the record from the state); see also Parks v. State, 371 So. 3d 392, 393−94 (Fla. 1st DCA 2023), rev. granted, No. SC2023-1355, 2024 WL 370043, *1 (Fla. Jan. 31, 2024).

MAKAR, WALLIS, and MACIVER, 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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