Lopez v. State

The appellant, Luis Lopez, challenges that portion of his judgment and sentence imposing certain costs. We conclude that four costs were improperly imposed.

We strike a $2 cost assessed pursuant to section 943.25(18), Florida Statutes (1993). This cost is discretionary, and since the trial court failed to give Lopez notice of this cost, this cost must be stricken. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995).

Second, we strike the $150 assessed for prosecution costs. At the sentencing hearing, there was no request for such cost by an agency nor was there documentation supporting the…