KIMBERLY J. IMHOFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The trial court sentenced the appellant to probation for one count of third degree grand theft and ordered her to pay, among other amounts which she does not challenge, $100 for costs of prosecution pursuant to section 939.01, Florida Statutes (1993), and $100 to the Court Improvement Fund. We reverse because we agree with the appellant that imposing these two items was error. We strike the assessment for the Court Improvement Fund because there is no statutory basis for this cost. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). We also strike the cost of prosecution assessment because the state neither requested this cost nor documented any amount. Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996).
DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998)…694 So. 2d 838, 839 (Fla. 2d DCA 1997). In imposing investigative costs, the trial court merely stated, “eighty dollars to the Sheriffs Office.” To impose this cost on remand, the State must request it and document the amount. See Imhoff v. State, 673 So. 2d 94 (Fla. 2d DCA 1996); Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996); § 939.01, Fla. Stat. (1995). With respect to the $2 discretionary cost authorized by section 943.25(13), Florida Statutes (1995), the trial court must orally impose it at the s…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Jacques F. Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996)