MIOSOTIS IRIZARRY
v.
STATE OF FLORIDA
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A trial court may not impose state attorney prosecution costs exceeding the $100 minimum for felony offenses under section 938.27(8), Florida Statutes, without the State's showing of sufficient proof of higher costs incurred.
[1] Under section 938.27(8), Florida Statutes, state attorney prosecution costs for felony offenses may not exceed the $100 minimum without the State presenting sufficient pr…
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Join FLexlaw to unlock all legal intelligence“The trial court's Monetary Obligations Order imposed 'Additional SAO Costs of Prosecution Fees' of $150 under section 938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost minimum for felony offenses, without the State's 'showing of sufficient proof of higher costs incurred.'”
Court's statement of the error in the trial court's imposition of costs
Miosotis Irizarry was convicted in Polk County Circuit Court and received a judgment and sentence. The trial court's Monetary Obligations Order impose…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-1495 Lower Tribunal No. 2023-CF-007835 _____________________________
MIOSOTIS IRIZARRY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Polk County. Wayne M. Durden, Judge.
January 9, 2026
GANNAM, J.
Miosotis Irizarry appeals her judgment and sentence asserting two grounds for reversal, one of which we address. The trial court’s Monetary Obligations Order imposed “Additional SAO Costs of Prosecution Fees” of $150 under section 938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost minimum for felony offenses, without the State’s “showing of sufficient proof of
2 higher costs incurred.” The State concedes the error, and we agree. See Golphin v. State, 413 So. 3d 828, 828-29 (Fla. 6th DCA 2024). We reverse as to the $150 cost imposition and remand for entry of a corrected monetary obligations order imposing $100 for state attorney costs. Irizarry’s presence is not required for this ministerial correction. See Golphin, 413 So. 3d at 829. We affirm the judgment and sentence in all other respects. AFFIRMED in part; REVERSED in part; and REMANDED with instructions. SMITH and BROWNLEE, JJ., concur.
Blair Allen, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.