Martinez v. State

Elliot Martinez (defendant) appeals the trial court’s order granting the State’s motion to tax additional costs of prosecution, entered after the defendant had begun serving his sentence. We reverse.

The defendant was convicted of battery. In connection with his sentencing, the trial court assessed $100 in costs of prosecution without expressing an intent to assess further costs at a later time. The defendant’s convictions and sentences were affirmed on direct appeal. Martinez v. State, 56 So.3d 22 (Fla. 5th DCA 2011). The State thereafter filed a motion to tax the costs of extraditing the…