Legal Opinion

Richards v. State

District Court of Appeal of Florida

Decided December 7, 2018No. Case No. 5D17-2704PublishedCited by 1 opinion

1Per curiam

Ronald Richards appeals his violation of probation sentence arguing that the trial court erred in imposing costs of investigation in the absence of a request from the State or any evidence from the investigating agency. We agree. See Taylor v. State, 242 So.3d 1203-1204 (Fla. 5th DCA 2018) ; Foulkes v. State, 221 So.3d 789, 790 (Fla. 5th DCA 2017). We therefore remand for the trial court to strike these costs from the judgment, noting that the State should be given the opportunity to request the imposition of investigative costs. See McCarthy v. State, 893 So.2d 689, 690 (Fla. 5th DCA 2005).

RE…

2Cases cited3 opinions

  1. Kevin Taylor v. StateDistrict Court of Appeal of Florida · 2018
  2. McCarthy v. StateDistrict Court of Appeal of Florida · 2005
  3. Foulkes v. StateDistrict Court of Appeal of Florida · 2017

3Cited by1 opinion

  1. Ronald J. Richards v. State of FloridaSupreme Court of Florida · 2020

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