ALIJAH GADSON
v.
STATE OF FLORIDA
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A trial court may not impose both the statutory minimum $100 prosecution costs and an additional higher amount of prosecution costs in the same judgment.
[1] A trial court may not impose both the statutory minimum prosecution costs of $100 per felony case and an additional higher amount of prosecution costs in the same judgmen…
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Join FLexlaw to unlock all legal intelligence“Costs for the state attorney must be set in all cases at no less than . . . $100 per case when a felony offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.”
Statutory provision governing prosecution costs under Florida law
Gadson was convicted by jury of attempted manslaughter with a firearm enhancement and shooting or throwing deadly missiles. He was sentenced to fiftee…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2023-3666 LT Case No. 2022-CF-10246-A _____________________________
ALIJAH GADSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Duval County. London M. Kite, Judge.
Matthew J. Metz, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Alijah Gadson, Sneads, pro se.
James Uthmeier, Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee, for Appellee.
April 25, 2025
PER CURIAM.
Alijah Gadson appeals his judgment and sentence following a jury trial. Gadson was found guilty of attempted manslaughter (with a special finding that he carried a firearm) and shooting or
2 throwing deadly missiles. He was sentenced to fifteen years on both counts to run consecutively. The State requested, and the trial court awarded, $5,132.43 costs of prosecution; the written cost order included an award for $100 of prosecution costs as well as the requested $5,132.43.
We affirm Gadson’s judgment and sentence, but remand for a corrected judgment striking the duplicative $100 of prosecution costs, as the statute does not allow for the imposition of both the standard $100 prosecution costs and the requested higher amount. See § 938.27(8), Fla. Stat. (2024) (“Costs for the state attorney must be set in all cases at no less than . . . $100 per case when a felony offense is charged . . . . The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.”).
AFFIRMED and REMANDED with instructions.
MAKAR, WALLIS, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________