KEITH JOHANSEN
v.
STATE OF FLORIDA
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Investigative costs under section 938.27(1) may not be assessed against a defendant without a request from the State.
[1] Investigative costs may not be assessed against a defendant under section 938.27(1), Florida Statutes, absent a request from the State.
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Court citing Richards v. State, 288 So. 3d 574, 577 (Fla. 2020)
Keith Johansen was convicted in the Circuit Court for Flagler County. The trial court assessed investigative costs against him without a request from …
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PER CURIAM.
In this Anders1 appeal, we affirm Keith Johansen’s judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”). We remand for the trial court to enter an amended judgment without including these investigative costs. See Skinkle v. State, 338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm. AFFIRMED; REMANDED with directions.
LAMBERT, C.J., WALLIS and HARRIS, JJ., concur.
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Citator
Cited By
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Johansen v. State (Fla. 5th DCA 2023)…d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”). We remand for the trial court to enter an amended judgment without including these investigative costs. See Skinkle v. State, 338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm. AFFIRMED; REMANDED with directions. LAMBERT, C.J., WALLIS and HARRIS, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).…
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Parks v. State (Fla. 1st DCA 2023)…. 3d at 576 (requiring that agency “investigative” costs must be requested); Jenkins v. State, 332 So. 3d 1013, 1018 (Fla. 4th DCA 2022) (noting the State’s burden to prove costs of prosecution that exceed the statutory minimum); & Skinkle v. State, 338 So. 3d 1099, 1100 Finally, we recognize the conflict of district court opinions on this issue. Compare, e.g., D.L.J. v. State, 331 So. 3d 227, 228 (Fla. 2d DCA 2021) (requiring $100 state attorney cost to be requested) with Hills, 90 So. 3d at 928 (not requiri…
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Johansen v. State (Fla. 5th DCA 2023)…d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”). We remand for the trial court to enter an amended judgment without including these investigative costs. See Skinkle v. State, 338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm. AFFIRMED; REMANDED with directions. LAMBERT, C.J., WALLIS and HARRIS, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State (Fla. 4th DCA 2026)
- Johansen v. State (Fla. 5th DCA 2023)