DESHA IONE BEAUTY
v.
STATE OF FLORIDA
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A trial court must order a defendant to pay the minimum statutorily prescribed cost of prosecution pursuant to section 938.27(8), Florida Statutes, regardless of whether the State specifically requests such costs.
[1] Under section 938.27(8), Florida Statutes, a trial court is required to impose the minimum statutorily prescribed cost of prosecution as a mandatory matter, independent o…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted in Seminole County circuit court and the trial court ordered her to pay the minimum statutory cost of prosecution under sectio…
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PER CURIAM.
Appellant raises a single issue in her appeal: can the trial court order a defendant to pay the minimum statutorily prescribed cost of prosecution pursuant to section 938.27(8), Florida Statutes (2024), if the State does not specifically request same? We answered this question in the affirmative in O’Malley v. State, 378
So. 3d 672 (Fla. 5th DCA 2024), because the cited statute makes imposition of the statutorily specified minimum cost of prosecution mandatory. See Parks v. State, 371 So. 3d 392, 393–94 (Fla. 1st DCA 2023), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024). In O’Malley, we certified that our decision and the First District’s opinion in Parks, directly conflicted with the Second District’s opinion in D.L.J. v. State, 331 So. 3d 227 (Fla. 2d DCA 2021), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024). Accordingly, we affirm.
AFFIRMED. EDWARDS, C.J., and WALLIS and EISNAUGLE, 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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