Riley v. State

District Court of Appeal of Florida

Riley v. State

153 So. 3d 329, 2014 Fla. App. LEXIS 19602, 2014 WL 6789903

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2014

DocketNo. 1D13-3861

StatusPublished

This text of 153 So. 3d 329 (Riley 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

Riley v. State, 153 So. 3d 329, 2014 Fla. App. LEXIS 19602, 2014 WL 6789903 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Steven M. Riley, appellant, raises three issues in this appeal of his judgment and sentence for robbery with a weapon. We agree with Riley that the trial court erred by imposing the costs of prosecution under section 938.27, Florida Statutes (2010) because the State neglected to request the same. See Jackson v. State, 137 So.3d 470, 472-73 (Fla. 4th DCA 2014) (reversing award of investigatory costs under § 938.27(1) where “no investigating agency moved for fees, and the state did not submit any evidence establishing what investigative costs were actually incurred.”); Ogden v. State, 117 So.3d 479, 480 (Fla. 1st DCA 2013) (striking sheriffs and prosecutor’s investigative costs, which are discretionary, when not requested by the agencies).

We therefore REVERSE and REMAND with instructions to strike the costs of prosecution from the judgment and resentence accordingly. We AFFIRM the judgment and sentence in all other respects.

WOLF, VAN NORTWICK, and OSTERHAUS, JJ., concur.

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PER CURIAM.

Steven M. Riley, appellant, raises three issues in this appeal of his judgment and sentence for robbery with a weapon. We agree with Riley that the trial court erred by imposing the costs of prosecution under section 938.27, Florida Statutes (2010) because the State neglected to request the same. See Jackson v. State, 137 So.3d 470, 472-73 (Fla. 4th DCA 2014) (reversing award of investigatory costs under § 938.27(1) where “no investigating agency moved for fees, and the state did not submit any evidence establishing what investigative costs were actually incurred.”); Ogden v. State, 117 So.3d 479, 480 (Fla. 1st DCA 2013) (striking sheriffs and prosecutor’s investigative costs, which are discretionary, when not requested by the agencies).

We therefore REVERSE and REMAND with instructions to strike the costs of prosecution from the judgment and resentence accordingly. We AFFIRM the judgment and sentence in all other respects.

WOLF, VAN NORTWICK, and OSTERHAUS, JJ., concur.

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Bluebook (online)

153 So. 3d 329, 2014 Fla. App. LEXIS 19602, 2014 WL 6789903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-state-fladistctapp-2014.

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