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Henry v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 17, 2020
292 So. 3d 914 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-3667

04-17-2020

Jessica Jeanne HENRY, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, State Attorney, Tallahassee, and L. Charlene Matthews, Assistant State Attorney, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

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

PER CURIAM. We affirm Jessica Jeanne Henry's judgment and sentence. However, we remand for the trial court to strike the $100 investigative cost for the Deland Police Department assessed pursuant to section 938.27(1), Florida Statutes (2019), and imposed as a "standard" cost. "Trial courts may impose investigatory costs, but only when requested by the State or agency involved." Rogers v. State , 289 So. 3d 548, 549 (Fla. 5th DCA 2020) (quoting Desrosiers v. State , 286 So. 3d 297, 300 (Fla. 4th DCA 2019) ); accord Richards v. State , 288 So. 3d 574, 576 (Fla. 2020).

AFFIRMED; REMANDED WITH INSTRUCTIONS

ORFINGER, EDWARDS and HARRIS, JJ., concur.


Summaries of

Henry v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 17, 2020
292 So. 3d 914 (Fla. Dist. Ct. App. 2020)
Case details for

Henry v. State

Case Details

Full title:JESSICA JEANNE HENRY, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Apr 17, 2020

Citations

292 So. 3d 914 (Fla. Dist. Ct. App. 2020)