Narrative Opinion Summary
In the case of a defendant appealing his aggravated battery conviction and sentence, the appellate court reviewed the imposition of specific costs associated with the case. The court, led by Judge Davis and with the concurrence of Judges Whatley and Salcines, identified several costs that were improperly imposed. These included a $25 prosecution cost under section 938.27, a $25 administrative cost, a $12 miscellaneous cost, a $263 investigation cost, and a $2 cost under section 938.15. The court found that these costs lacked proper documentation or statutory authority, referencing precedents such as Reyes v. State, Gonse v. State, and Giles v. State. Consequently, the court affirmed the conviction and sentence while striking the identified costs from the defendant's obligations. This decision underscores the importance of proper procedural adherence and documentation in the imposition of court-related costs.
Legal Issues Addressed
Authority for Imposing Administrative Costssubscribe to see similar legal issues
Application: A $25 cost imposed by administrative order was invalidated due to lack of statutory authority.
Reasoning: A $25 cost imposed by administrative order was also removed for lack of statutory authority, again citing Reyes.
Documentation Requirement for Investigation Costssubscribe to see similar legal issues
Application: The $263 investigation cost was removed due to insufficient documentation, as supported by precedents.
Reasoning: A $263 cost for investigation was stricken based on lack of documentation as per Gonse v. State and Reyes.
Imposition of Prosecution Costssubscribe to see similar legal issues
Application: The appellate court struck down the $25 prosecution cost due to insufficient documentation under section 938.27, Florida Statutes.
Reasoning: A $25 prosecution cost under section 938.27, Florida Statutes, was stricken due to lack of documentation, referencing Reyes v. State.
Oral Pronouncement of Costssubscribe to see similar legal issues
Application: The $2 cost under section 938.15 was struck down because it was not orally pronounced during sentencing.
Reasoning: A $2 cost imposed under section 938.15 was removed because it was not orally pronounced, referencing Giles v. State.
Validity of Miscellaneous Costssubscribe to see similar legal issues
Application: The court invalidated a $12 miscellaneous cost for lack of statutory authority or documentation.
Reasoning: A $12 cost categorized as 'other' was invalidated for similar reasons of lack of statutory authority or documentation.