Morales v. State

District Court of Appeal of Florida

Morales v. State

183 So. 3d 1037, 2015 Fla. App. LEXIS 5190, 2015 WL 1609899

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 2015

DocketNos. 5D14-1975, 5D14-1976

StatusPublished

This text of 183 So. 3d 1037 (Morales v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morales v. State, 183 So. 3d 1037, 2015 Fla. App. LEXIS 5190, 2015 WL 1609899 (Fla. Ct. App. 2015).

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Opinion

COHEN, J.

Paul Morales appeals his judgment and sentence following his convictions for burglary of an occupied dwelling, grand theft, and criminal mischief.¹ He raises two issues on appeal, only one of which merits discussion. The trial court ordered Morales to pay $1,157.48 in costs to the Seminole County Sheriffs Office. Morales objected, citing the lack of any affidavit itemizing those costs. In its answer brief, the State asserts — without a citation to the record — that “the State provided an affidavit in support of those costs.” However, we were unable to locate such an affidavit in the record. Therefore, we reverse and remand for further proceedings, including a restitution hearing to determine the proper award of costs to the Seminole County Sheriffs Office.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

PALMER and EDWARDS, JJ., concur.

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COHEN, J.

Paul Morales appeals his judgment and sentence following his convictions for burglary of an occupied dwelling, grand theft, and criminal mischief.¹ He raises two issues on appeal, only one of which merits discussion. The trial court ordered Morales to pay $1,157.48 in costs to the Seminole County Sheriffs Office. Morales objected, citing the lack of any affidavit itemizing those costs. In its answer brief, the State asserts — without a citation to the record — that “the State provided an affidavit in support of those costs.” However, we were unable to locate such an affidavit in the record. Therefore, we reverse and remand for further proceedings, including a restitution hearing to determine the proper award of costs to the Seminole County Sheriffs Office.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

PALMER and EDWARDS, JJ., concur.

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Bluebook (online)

183 So. 3d 1037, 2015 Fla. App. LEXIS 5190, 2015 WL 1609899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-state-fladistctapp-2015.