Merrett v. State

The defendant contends that the trial court erred (1) in sentencing her to one year of probation by enhancing her penalty from a second degree misdemeanor to a first degree misdemeanor, (2) in imposing investigative costs where the court failed to determine her ability to pay, and (3) in assessing court costs of $116.00, which exceeds the statutory maximum of $60.00. As the state concedes error on all points, the sentence is reversed and remanded.

First, the trial court is instructed to reduce the sentence to six months probation — the maximum probationary sentence for petit theft. §…