JEFFREY DICE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-06-05
No. 19-2814
Maltz, J., Edwards, J., Eisnaugle, J., Harris, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

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


Headnotes

[1] A cost assessment imposed under Florida Statute § 938.27(1) must be struck from a judgment when the State offers no evidence to support the amount and did not request the…

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Key Quotes

“we remand for a corrected costs judgment striking the $100 cost of investigation for the St. Johns County Sheriff's Office because it was not requested, and the State offered no evidence to support the amount”

Court's disposition regarding the costs judgment

Facts & Procedural History

Jeffrey Dice was convicted in St. Johns County Circuit Court. The trial court imposed a judgment and sentence that included a $100 cost of investigati…

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Opinion of the Court
Harris

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

JEFFREY DICE,

Appellant,

v. Case No. 5D19-2814

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 5, 2020

Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

O.H. Eaton, Jr., of Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm Appellant’s judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation for the St. Johns County Sheriff’s Office because it was not requested, and the State offered no

AFFIRMED; REMANDED with directions.

EDWARDS, EISNAUGLE, and HARRIS, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 evidence to support the amount. See § 938.27(1), Fla. Stat. (2019); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

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