RICHARD KEITH WASDEN
v.
STATE OF FLORIDA
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A trial court must enter a written order specifying the violated probation conditions and may impose only $100 in prosecution costs for a felony absent a specific request from the State for higher costs.
[1] In a probation violation proceeding, the trial court must enter a written order identifying which specific conditions of probation were violated.
[2] For a felony prosecution, the statutory maximum cost that may be imposed is $100 absent a specific request from the State for higher prosecution or investigation costs.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the maximum permissible cost for a felony prosecution is $100”
Discussing § 938.27(8), Fla. Stat. (2021), when no specific request from the State for higher prosecution or investigation costs is made.
Wasden entered an open plea to violating his probation. The trial court imposed $150 identified as "Prosecution/Investigation Costs" but the record co…
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WALLIS, J.
In this Anders1 appeal, we affirm the judgment and sentence entered following Appellant's open plea to violating his probation with two exceptions. First, none of the written documents from the trial court identify the conditions of probation that Appellant was found to have violated. Second, the trial court imposed $150 that was identified as "Prosecution/Investigation Costs." However, the record does not reflect that the State asked for a higher cost of prosecution or for costs of investigation. Absent a specific request from the State, the maximum permissible cost for a felony prosecution is $100. § 938.27(8), Fla. Stat. (2021). We therefore affirm but remand with instructions for the trial court to enter a written order specifying the violated conditions and to correct the order to reduce the cost of prosecution to $100. See Berg v. State, 313 So. 3d 930 (Fla. 5th DCA 2021); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020). AFFIRMED; REMANDED with Instructions.
EISNAUGLE and SASSO, JJ., concur.
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Citator
Cited By
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Buchanan v. State, 342 So. 3d 298 (Fla. 5th DCA 2023)…onsequently, we remand with instructions for the trial court to enter a corrected written order that comports with the conditions that were determined to have been violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So. 3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”). AFFIRMED AND REMANDED WITH INSTRUCTIONS. LAMBERT, C.J.…
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Buchanan v. State (Fla. 5th DCA 2023)…onsequently, we remand with instructions for the trial court to enter a corrected written order that comports with the conditions that were determined to have been violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So. 3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”). AFFIRMED AND REMANDED WITH INSTRUCTIONS. LAMBERT, C.J.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Berg v. State, 313 So. 3d 930 (Fla. 5th DCA 2020)