CARTEL DEMARCUS GRANISON
v.
STATE OF FLORIDA
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In this Anders appeal, the Fifth District Court of Appeal affirmed Cartel Demarcus Granison's convictions and sentences on all counts, but reversed in part regarding an improper assessment of costs of prosecution, finding that the $50.00 cost for a misdemeanor count was duplicative under Florida law which provides for costs per case, not per charge.
The court affirmed the convictions and sentences on all counts and affirmed the $100.00 cost assessment for the felony charges. However, the court reversed the additional $50.00 cost assessment for the misdemeanor count because Florida law requires costs of prosecution to be assessed per case based on the highest charge, not per charge.
[1] A trial court's imposition of costs of prosecution must be based on the statutory minimums per case, not per charge.
[2] A cost of prosecution imposed in a written judgment but not pronounced by the trial court may be reversed on appeal.
Previewing 2 of 4 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“Section 938.27(8) states that the minimum cost is set per case based on whether a misdemeanor or a felony has been charged. Notably, the minimum costs are "per case," not per charge.”
Establishes the statutory interpretation that costs must be assessed once per case, not separately for each count
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGranison was convicted of multiple charges including felony and misdemeanor offenses in Marion County Circuit Court. The trial court imposed costs of …
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PER CURIAM.
In this Anders1 appeal, after careful review of the record, we affirm Appellant’s convictions and sentences on all counts and in 1 Anders v. California, 386 U.S. 738 (1967).
all respects, except as to the $50.00 cost of prosecution for the misdemeanor count imposed in the written judgment.
The trial court imposed the minimum per case cost of prosecution in the amount of $50.00 for the misdemeanor count and $100.00 for the felony counts. See § 938.27(8), Fla. Stat. (2024). Section 938.27(8) states that the minimum cost is set per case based on whether a misdemeanor or a felony has been charged. Notably, the minimum costs are “per case,” not per charge. The State did not request the cost of prosecution, and the trial court did not pronounce this cost.
Accordingly, Appellant’s judgment and sentence are affirmed, and the assessment of $100.00 as the cost of prosecution because there was a felony charge in the case is affirmed. The additional assessment of $50.00 as the cost of prosecution for the misdemeanor count is reversed, and the matter is remanded for entry of an amended judgment.
AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of an amended judgment.
EDWARDS, C.J., and SOUD and MACIVER, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.