JAMES LAMARS BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed armed trespassing and aggravated battery convictions but struck certain costs imposed by the trial court that lacked statutory support or applied to non-qualifying offenses.
The trial court erred in imposing three specific costs—$25 in prosecution costs without State documentation, $16.25 for crimes against minors when the victim was not a minor, and $200 for a fund under a repealed statute—which must be stricken on remand.
[1] Costs of prosecution under Fla. …
[2] Costs for crimes against minors under Fla. …
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Join FLexlaw to unlock all legal intelligenceJames Lamars Brown was convicted of armed trespassing and aggravated battery with a deadly weapon. The trial court imposed various costs including pro…
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KELLY, Judge.
James Lamars Brown appeals his convictions and sentences for armed trespassing and aggravated battery with a deadly weapon. We affirm Brown’s convictions without comment but strike certain costs imposed by the trial court.
The State concedes that the trial court erred in imposing $25 in costs of prosecution pursuant to section 938.27(1), Florida Statutes (2004), because the State failed to request or provide documentation to support the cost. See Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004). On remand, this cost may be reimposed if the statutory requirements are met. See Diaz v. State, 901 So. 2d 310 (Fla. 2d DCA 2005). The State further concedes error in the $16.25 cost imposed pursuant to section 988.10, Florida Statutes (2004), which authorizes the imposition of additional costs in cases of certain crimes against minors, because the victim was not a minor. Finally, the trial court’s imposition of a $200 cost for the Local Government Criminal Justice Trust Fund pursuant to section 27.3455, Florida Statutes, was error because that statute was repealed, effective July 1, 2004, prior to the date Brown’s offenses were committed. See Ch. 03-402, § 153, at 2718, Laws of Fla. Convictions affirmed; costs award stricken; remanded.
STRINGER and DAVIS, JJ., Concur.
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Citator
Cited By
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Estaban E. Gonzalez v. State, 40 So. 3d 60 (Fla. 2d DCA 2010)…on this issue. Section 938.10 imposes a cost in certain cases involving crimes against minors. Because this case did not involve a crime against minors, we reverse imposition of this cost and direct the trial court to strike it. See Brown v. State, 963 So. 2d 342, 343 (Fla. 2d DCA 2007) (finding error in imposition of cost pursuant to section 938.10 where the victim was not a minor). Accordingly, we reverse Gonzalez’s judgment and sentence for attempted second-degree murder and remand the case for a new tri…
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Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)…appeal. See James v. State, 662 So. 2d 995 (Fla. 2d DCA 1995) (reversing costs of prosecution absent record request under predecessor section 939.01, Fla. Stat.). This requirement remained after the 2003 amendment to the statute. See Brown v. State, 963 So. 2d 342 (Fla. 2d DCA 2007) (applying § 938.27(1), Fla. Stat. (2004)). Under the 2007 version of section 938.27, the state conceded error in Del Valle v. State, 26 So. 3d 650 (Fla. 2d DCA 2010), where the trial court imposed prosecution costs “because the co…
Authorities Cited
- Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004)
- Bass v. State, 901 So. 2d 310 (Fla. 5th DCA 2005)
- Diaz v. State, 901 So. 2d 310 (Fla. 2d DCA 2005)