JESSICA JEANNE HENRY
v.
STATE OF FLORIDA
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Trial courts may impose investigatory costs under section 938.27(1), Florida Statutes, only when requested by the State or agency involved.
[1] Investigatory costs may be imposed pursuant to section 938.27(1), Florida Statutes, only when requested by the State or the agency involved; costs imposed as standard cos…
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Join FLexlaw to unlock all legal intelligence“Trial courts may impose investigatory costs, but only when requested by the State or agency involved.”
Court's statement of the applicable legal standard for imposing investigatory costs under section 938.27(1), Florida Statutes
Jessica Jeanne Henry was convicted and sentenced in Volusia County Circuit Court. The trial court imposed a $100 investigative cost for the DeLand Pol…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JESSICA JEANNE HENRY,
Appellant,
v. Case No. 5D19-3667
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 17, 2020
Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.
James S. Purdy, Public Defender, and Steven
N.
Gosney, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, State Attorney, Tallahassee, and L. Charlene Matthews, Assistant State Attorney, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Jessica Jeanne Henry’s judgment and sentence. However, we remand for the trial court to strike the $100 investigative cost for the Deland Police Department assessed pursuant to section 938.27(1), Florida Statutes (2019), and imposed as a “standard” cost. “Trial courts may impose investigatory costs, but only when requested
2 by the State or agency involved.” Rogers v. State, 289 So. 3d 548, 549 (Fla. 5th DCA 2020) (quoting Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019)); accord Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).
AFFIRMED; REMANDED WITH INSTRUCTIONS
ORFINGER, EDWARDS and HARRIS, JJ., concur.
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Citator
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- Richards v. State, 288 So. 3d 574 (Fla. 2020)
- Anton B. Elliot v. State, 286 So. 3d 297 (Fla. 4th DCA 2022)