Legal Opinion

McKenzie v. State

District Court of Appeal of Florida

Decided May 8, 2015No. 1D15-0152Published

1Per curiam

Averitt McKenzie presents a timely claim that he was denied the effective' assistance of counsel on direct appeal. Among his claims, we find merit only in his assertion that appellate counsel was ineffective for failure to challenge the assessment of a $100 “sheriffs office investigative cost” where that cost was not requested, documented, subjected to argument concerning the amount, or orally pronounced. See, e.g., Pruitt v. State, 98 So.3d 231 (Fla. 1st DCA 2012), receded from on other grounds by Spear v. State, *128109 So.3d 232 (Fla. 1st DCA 2013) (en banc). On this basis, we grant the…

2Cases cited2 opinions

  1. Spear v. StateDistrict Court of Appeal of Florida · 2013
  2. Pruitt v. StateDistrict Court of Appeal of Florida · 2012

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