From Casetext: Smarter Legal Research

Lewis v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 13, 2020
306 So. 3d 399 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-3079

11-13-2020

Mikkia LEWIS, Appellant, v. STATE of Florida, Appellee.

Eddie J. Bell, Daytona Beach, for Appellant. Mikkia Lewis, Brooksville, pro se. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.


Eddie J. Bell, Daytona Beach, for Appellant.

Mikkia Lewis, Brooksville, pro se.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

Appellant, Mikkia Lewis, appeals the judgment and sentence entered following her negotiated plea to second-degree murder. Appellant claims that her plea was involuntary because she was incompetent at the time she entered her plea. Because this issue was not preserved for appellate review, we affirm the judgment and sentence without prejudice for Appellant to timely file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a)(5), if she can do so in good faith. See Fla. R. App. P. 9.140(b)(2).

We express no opinion on the merit of such motion.
--------

However, we note that the trial court erroneously imposed a $100 investigative cost that was not requested by the State or agency and was not orally pronounced. See Quinby v. State, 299 So. 3d 626, 627 (Fla. 5th DCA 2020) (remanding for the trial court to strike the cost of investigation imposed "because the State did not request it or offer evidence to support the amount"). Thus, we remand for the trial court to strike this investigative cost.

AFFIRMED and REMANDED with Instructions.

EVANDER, C.J., and EDWARDS J., concur.


Summaries of

Lewis v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 13, 2020
306 So. 3d 399 (Fla. Dist. Ct. App. 2020)
Case details for

Lewis v. State

Case Details

Full title:MIKKIA LEWIS, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Nov 13, 2020

Citations

306 So. 3d 399 (Fla. Dist. Ct. App. 2020)

Citing Cases

Figueroa v. State

Thus, we remand for the trial court to strike this investigative cost. See Lewis v. State, 306 So.3d…