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D.I.K. v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Sep 4, 2020
301 So. 3d 506 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-1802

09-04-2020

D.I.K., A Child, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and M. Alexander Williams and Louis A. Rossi, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and M. Alexander Williams and Louis A. Rossi, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J. Appellant appeals the trial court's order imposing investigative costs of $1,490. We reverse and remand.

Following a bench trial, Appellant was adjudicated delinquent of sexual battery of a person over 12 but under 18 years of age, in violation of section 794.011, Florida Statutes (2019). During the disposition hearing, the State requested and the court acknowledged that there was a cost of investigation in this case. Following the hearing, the trial court, pursuant to section 938.27(1), Florida Statutes (2019), entered an Order for Reimbursement of Investigation Costs without holding a hearing on the specific amount.

Glasco v. State, 292 So. 3d 556 (Fla. 5th DCA 2020) is controlling. In Glasco, we reversed and remanded the trial court's denial of a motion to strike investigative costs without the introduction of any evidence. Id. Therefore, we reverse the order on appeal and remand with instructions that the trial court strike the imposition of investigative costs.

REVERSED and REMANDED with Instructions.

EDWARDS and EISNAUGLE, JJ., concur.


Summaries of

D.I.K. v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Sep 4, 2020
301 So. 3d 506 (Fla. Dist. Ct. App. 2020)
Case details for

D.I.K. v. State

Case Details

Full title:D.I.K., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Sep 4, 2020

Citations

301 So. 3d 506 (Fla. Dist. Ct. App. 2020)