TAUREAN EDUARDO MILTON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-05-22
No. 19-3087
Clayton, J., Lambert, J., Eisnaugle, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court must strike a cost assessment when the cost was not requested and the State offered no evidence to support the amount.


Headnotes

[1] A trial court must strike a cost assessment from a judgment when the cost was not requested by the State and the State offered no evidence to support the amount of the co…

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Key Quotes

“we remand for a corrected costs judgment striking the $100 cost of investigation for the DeLand Police Department because it was not requested, and the State offered no evidence to support the amount”

Court's disposition regarding the improper cost assessment

Facts & Procedural History

Taurean Eduardo Milton appealed his conviction and sentence. The trial court imposed costs including a $100 investigation cost for the DeLand Police D…

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Opinion of the Court
Grosshans

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

TAUREAN EDUARDO MILTON,

Appellant,

v. Case No. 5D19-3087

STATE OF FLORIDA,

Appellee. ________________________________/ Opinion filed May 22, 2020 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Taurean Eduardo Milton, Lowell, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this Anders1 case, we affirm Appellant’s judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation for the

2

DeLand Police Department because it was not requested, and the State offered no evidence to support the amount. See § 938.27(1), Fla. Stat. (2019); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020). AFFIRMED; REMANDED with directions. LAMBERT, EISNAUGLE, and GROSSHANS, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

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