DAVIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-05-17
No. 2022-1817
2024 FL 5600 Florida District Court of Appeal, Fifth District (2024) Positive Treatment

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Holding

A trial court may not impose court costs without a statutory basis and proper notice to the defendant.


Headnotes

[1] Trial courts may not impose costs of investigation without statutory authority or advance notice to the defendant.

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Facts & Procedural History

Davis was convicted in Flagler County Circuit Court. The trial court imposed a judgment and sentence including an unrequested and unannounced $100 cos…

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Opinion of the Court

In this Anders* appeal, we affirm the judgment and sentence imposed by the trial court. However, we find that the trial court imposed an unrequested and unannounced $100 cost of investigation. This cost should be struck. See Anderson v. State, 380 So. 3d 1256 (Fla. 5th DCA 2024).

AFFIRMED; REMANDED with instructions to strike unrequested and unannounced $100 cost of investigation.

MAKAR, JAY, and KILBANE, 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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