MARCUS FINNELL WILLIAMS
v.
STATE OF FLORIDA
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The Fifth District Court of Appeal affirmed the trial court's imposition of mandatory costs of prosecution against the defendant, holding that Florida law requires a minimum $100 cost assessment for felony cases without requiring the State to make an explicit request.
The court affirmed, holding that the mandatory provisions of Florida's cost statute require assessment of at least $100 in state attorney costs for felony cases, and no request from the State Attorney is required to impose such costs.
“The relevant statute . . . makes cost of prosecution mandatory at a minimum of $100 per case for felony cases.”
Establishes the mandatory nature of the minimum cost assessment in felony cases.
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Join FLexlaw to unlock all legal intelligenceMarcus Finnell Williams was convicted in a felony case and the trial court assessed costs of prosecution against him. The case involved the applicatio…
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PER CURIAM.
AFFIRMED. See O’Malley v. State, 378 So. 3d 672, 673 (Fla. 5th DCA 2024) (“The relevant statute . . . makes cost of prosecution mandatory at a minimum of $100 per case for felony cases. In Hills v. State, 90 So. 3d 927, 928 (Fla. 1st DCA 2012), the First District noted that ‘the mandatory provisions of section 938.27(8) and the other amendments restricting the trial judge’s discretion have negated any reason to require the state attorney to request the minimum costs [of prosecution] for the state attorney[.]’”); see also Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023), review granted, SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024) (“In setting forth the minimum mandatory state attorney cost, subsection (8) does not include a request requirement like the one applicable to agency-investigative costs in subsection (1). And so, the State was not required to request the $100 mandatory state attorney cost before the court assessed it.”).
JAY, EISNAUGLE, and SOUD, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Swearengin v. State (Fla. 1st DCA 2023)
- Cleveland v. State (Fla. 1st DCA 2024)
- Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)
- Porter v. State (Fla. 5th DCA 2024)