Legal Opinion

Kirkland v. State

District Court of Appeal of Florida

Decided January 2, 2013No. 1D11-5266PublishedCited by 8 opinions

1Per curiam

Appellant challenges his conviction and sentence for second-degree murder. We affirm the conviction without comment, but we reverse certain costs imposed by the trial court and remand for correction of sentencing errors.

The State properly concedes that the trial court should have orally pro*5nounced the $100 investigative cost, as it is a discretionary cost and not a mandatory cost. See Baker v. State, 86 So.3d 1208, 1209 (Fla. 1st DCA 2012) (citing Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011)).

The State also correctly concedes that the Public Defender fee should be struck because the…

2Cases cited6 opinions

  1. Pullam v. StateDistrict Court of Appeal of Florida · 2011
  2. Vaughn v. StateDistrict Court of Appeal of Florida · 2011
  3. Sanders v. StateDistrict Court of Appeal of Florida · 2012
  4. Clavelle v. StateDistrict Court of Appeal of Florida · 2012
  5. Comer v. StateDistrict Court of Appeal of Florida · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Mills v. StateDistrict Court of Appeal of Florida · 2015
  2. DeSalvo v. StateDistrict Court of Appeal of Florida · 2013
  3. Strong v. StateDistrict Court of Appeal of Florida · 2014
  4. Colson v. StateDistrict Court of Appeal of Florida · 2013
  5. Youman v. StateDistrict Court of Appeal of Florida · 2013

3 more not listed; retrieve them via the Exa API.

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