CHARLES LEE MOULTRIE, JR.
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-05-15
No. 2022-1685
2024 FL 5458 Florida District Court of Appeal, First District (2024)

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Holding

The trial court properly denied Moultrie's motion to suppress and properly imposed the mandatory $100 cost under section 938.27(8), Florida Statutes.


Headnotes

[1] A cost imposed under section 938.27(8), Florida Statutes, is mandatory and does not constitute an error when imposed at sentencing in a probation revocation proceeding.

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Key Quotes

“the trial court's imposition of the $100 cost under section 938.27(8) was mandatory, and therefore appropriate”

Discussion of the statutory cost imposed at sentencing

Facts & Procedural History

Moultrie's probation was revoked based on a new law violation. He appealed, challenging both the denial of his motion to suppress and a $100 cost impo…

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Opinion of the Court

Charles Lee Moultrie, Jr. appeals his judgment and sentence, which stems from the revocation of his probation for a new law violation. Moultrie argues the trial court erred in denying a dispositive motion to suppress, which led to the revocation, and in imposing a $100 cost under section 938.27(8), Florida Statutes, at sentencing. We affirm the judgment and sentence. Further, the trial court’s imposition of the $100 cost under section 938.27(8) was mandatory, and therefore appropriate. See Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023), review granted in Parks v. State of Florida, No. SC2023-1355 (Fla. Jan. 31, 2024).

AFFIRMED.

LEWIS, WINOKUR, and M.K. THOMAS, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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