TROY WOOLEY
v.
STATE OF FLORIDA
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A trial court may not impose a cost of investigation without an oral or written request from the State and competent, substantial evidence supporting the award.
[1] A cost of investigation may not be imposed without an oral or written request from the State and competent, substantial evidence supporting the award.
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Join FLexlaw to unlock all legal intelligenceTroy Wooley entered a no contest plea to two new law violations and was sentenced by the trial court, which imposed a $100 cost of investigation. The …
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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
TROY WOOLEY, Appellant, Case No. 5D19-3788 v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 5, 2020 Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge. James S. Purdy, Public Defender, Steven N. Gosney and Edward J. Weiss, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm, without further discussion, the judgment and sentence imposed upon Appellant in this Anders1 appeal after entering his no contest plea to two new law 1 Anders v. California, 386 U.S. 738 (1967).
2 violations. We note that the trial court imposed a $100 cost of investigation even though the State never made an oral or written request for this reimbursement nor did the State provide competent, substantial evidence to support the award of the cost. See Richards v. State, 288 So. 3d 574, 576–77 (Fla. 2020); Rogers v. State, 289 So. 3d 548, 549–50 (Fla. 5th DCA 2020); see also Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). We remand for the trial court to strike the $100 cost of investigation. See Silsby v. State, 45 Fla. L. Weekly D921 (Fla. 5th DCA Apr. 17, 2020); Wheeler v. State, 45 Fla. L. Weekly D922 (Fla. 5th DCA Apr. 17, 2020).
AFFIRMED and REMANDED with Instructions. WALLIS, LAMBERT and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Richards v. State, 288 So. 3d 574 (Fla. 2020)
- Jomar Morales Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019)