Major v. State
District Court of Appeal of Florida
1Per curiam
We affirm all issues raised by appellant, but strike the imposition of $50 costs of prosecution and remand for further proceedings.
With regard to the $50 assessed for costs of prosecution and investigation this court has held that it is fundamental error to impose investigative costs on a defendant where the state did not request the costs and there is no documentation to support the award. See Abbott v. State, 705 So.2d 923 (Fla. 4th DCA 1997). Thus, because this record lacks either a request by the state or any supporting documentation, we strike these costs from appellant’s sentence and…
2Cases cited3 opinions
- Hill v. StateDistrict Court of Appeal of Florida · 2003
- Abbott v. StateDistrict Court of Appeal of Florida · 1997
- Pagliuca v. StateDistrict Court of Appeal of Florida · 2003