Opinion
No. 1D22-3105
11-20-2023
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, 371 So.3d 392 (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, C.J., and Nordby, J., concur.