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Borders v. State

District Court of Appeal of Florida, Second District
Nov 15, 2006
941 So. 2d 1205 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-5515.

November 15, 2006.

Appeal from the Circuit Court for Pinellas County; J. Thomas McGrady, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


Herman Borders appeals his conviction and sentence for possession of cocaine. We affirm Borders' conviction without comment. However, we strike the imposition of $373 in costs of investigation and remand for further proceedings because the State failed to document its request for those costs. Hall v. State, 932 So.2d 1169 (Fla. 2d DCA 2006); Howard v. State, 920 So.2d 764 (Fla. 2d DCA 2006). On remand, the costs may be reimposed if the State properly documents the costs. See Hall, 932 So.2d at 1169; Howard, 920 So.2d at 765.

Conviction affirmed; investigative costs award stricken; remanded with instructions.

STRINGER and LaROSE, JJ., concur.


Summaries of

Borders v. State

District Court of Appeal of Florida, Second District
Nov 15, 2006
941 So. 2d 1205 (Fla. Dist. Ct. App. 2006)
Case details for

Borders v. State

Case Details

Full title:Herman Lee BORDERS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 15, 2006

Citations

941 So. 2d 1205 (Fla. Dist. Ct. App. 2006)