Opinion
Case No. 5D17-2704
03-06-2020
RONALD JAMES RICHARDS, Appellant, v. STATE OF FLORIDA, Appellee.
James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Volusia County, Leah Case, Judge. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
ON REMAND FROM THE SUPREME COURT OF FLORIDA
PER CURIAM.
In Richards v. State, 45 Fla. L. Weekly S8 (Fla. Jan. 16, 2020), the Florida Supreme Court quashed our decision in Richards v. State, 258 So. 3d 576 (Fla 5th DCA 2018), and remanded the case back to our Court for further proceedings consistent with its opinion.
The sole issue raised by Appellant on appeal is that the trial court erred in imposing investigative costs pursuant to section 938.27 (1), Florida Statutes, (2017), in the absence of a request from the State or any evidence from the investigating agency. We agree.
Accordingly, we remand for the trial court to enter an amended judgment without including these investigative costs. Additionally, in accordance with the Florida Supreme Court's opinion in this case, the State's opportunity to request these investigative costs has now passed. See Richards, 45 Fla. L. Weekly at S8.
REVERSED and REMANDED, with directions. LAMBERT, HARRIS, and SASSO, JJ., concur.