CHAD ERIC HILBERT
v.
STATE OF FLORIDA
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Trial courts may impose investigative costs under section 938.27(1), Florida Statutes, only when requested by the State or agency involved, and only in the amount requested.
[1] Trial courts may impose investigative costs pursuant to section 938.27(1), Florida Statutes, only when requested by the State or agency involved and only in the amount sp…
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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 citing Rogers v. State, 289 So. 3d 548, 550 (Fla. 5th DCA 2020)
Chad Eric Hilbert appealed his judgments and sentences in two criminal cases from Putnam County Circuit Court. Investigative costs of $100 were assess…
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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
CHAD ERIC HILBERT,
Appellant,
v. Case No. 5D19-3111
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 17, 2020
Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr. , Judge
James S. Purdy, Public Defender, and Steven
N.
Gosney, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Appellant’s judgments and sentences entered in the two criminal cases subject to this appeal. However, we remand for the correction of investigative costs. In case number 2019-0552-CF, the $100 investigative cost assessed pursuant to section 938.27(1), Florida Statutes (2019), must be stricken as this cost was not requested. See
2 Rogers v. State, 289 So. 3d 548, 550 (Fla. 5th DCA 2020) (“Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” (citations omitted)); accord Richards v. State, 288 So. 3d 574, 576−77 (Fla. 2020). As for case number 2018-1510-CF, the $100 investigative cost must be reduced to $33.84—the amount specifically requested by the agency. See Rogers, 289 So. 3d at 550.
AFFIRMED; REMANDED with directions.
WALLIS, LAMBERT, and GROSSHANS, JJ., concur.