Opinion
1D22-3105
09-01-2023
Darrick Latrent Young, Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Christina Day Piotrowski, Assistant Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Santa Rosa County. Clifton A. Drake, Judge.
Jessica J. Yeary, Public Defender, Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Christina Day Piotrowski, Assistant Attorney General, Tallahassee, for Appellee.
B.L. THOMAS, J.
The Court affirms Appellant's conviction and sentence as well as the imposition of the $100 cost of prosecution. See Parks v. State, No. 1D22-1566, 2023 WL 4924857 (Aug. 2, 2023).
The Court remands this matter to the trial court with instruction to strike the $50 agency investigative cost, as this cost was not requested by the State. See Richards v. State, 288 So.3d 574, 576-77 (Fla. 2020) (holding that section 938.27(1), Florida Statutes, requires that the State request investigative costs).
Affirmed in part, reversed in part, and remanded.
OSTERHAUS, CJ, and NORDBY, J, concur