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Evans v. State

District Court of Appeal of Florida, Second District
Jun 20, 1997
695 So. 2d 891 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-01290

Opinion filed June 20, 1997.

Appeal from the Circuit Court for Pinellas County; Joseph G. Donahey, Jr., Judge.

James Marion Moorman, Public Defender, and Kathleen Calcutt, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


The appellant challenges only the investigative costs imposed against her in circuit court case numbers 94-15736 and 95-17451. We affirm her judgments and sentences in all three lower court cases and the investigative costs of $36.00 imposed in case number 95-09467.

The agency and the state requested $62.61 in investigative costs in case number 94-15736; however, the trial court imposed $216.00 without any record support. We therefore strike the $216.00 figure in the sentence, the corresponding judgment for fine and costs, and the order of probation without prejudice for the state to seek reimposition on remand.

Neither the state nor the agency provided any documentation supporting investigative costs in case number 95-17451. See § 939.01, Fla. Stat. (1995); Delegge v. State, 687 So.2d 948 (Fla. 2d DCA 1997); James v. State, 662 So.2d 995 (Fla. 2d DCA 1995). We therefore strike the differing figures imposed in the sentence, corresponding judgment for fine and costs, and the order of probation without prejudice for the state to seek reimposition on remand. If on remand the state desires to seek investigative costs in case numbers 94-15736 and 95-17451, it must follow the procedures set forth in Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995).

Judgments and sentences affirmed with the exception of all investigative costs; costs striken in two cases and remanded with instructions.

SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., Concur.


Summaries of

Evans v. State

District Court of Appeal of Florida, Second District
Jun 20, 1997
695 So. 2d 891 (Fla. Dist. Ct. App. 1997)
Case details for

Evans v. State

Case Details

Full title:SHINDARREL EVANS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 20, 1997

Citations

695 So. 2d 891 (Fla. Dist. Ct. App. 1997)