JOHN DAMIEN OSBORNE
v.
STATE OF FLORIDA
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A trial court may not impose an investigative cost under Florida Statute § 938.27(1) without a request from the State.
[1] A trial court lacks authority to impose investigative costs under Florida Statute § 938.27(1) without a request from the State for such costs.
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Join FLexlaw to unlock all legal intelligence“because the trial court imposed a $245 investigative cost in the absence of a request by the State for that cost, we remand for entry of an amended costs judgment that does not include the $245 investigative cost”
Court's rationale for remand
John Damien Osborne appealed his conviction in Lake County. The trial court imposed a $245 investigative cost as part of the sentence.…
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WOZNIAK, J.
In this Anders1 appeal, we affirm Appellant’s judgment and the sentence imposed thereon. However, because the trial court imposed a $245 investigative cost in the absence of a request by the State for that cost, we remand for entry of an amended costs judgment that does not include the $245 investigative cost. See § 938.27(1), Fla. Stat. (2021); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).
AFFIRMED and REMANDED with instructions.
EVANDER and SASSO, JJ., concur.
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State (Fla. 4th DCA 2026)