Ellis v. State

Full title: Broc Everett Ellis, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Sep 13, 2023

No. 1D22-2896 (Fla. Dist. Ct. App. Sep. 13, 2023)

Opinion

1D22-2896

09-13-2023

Broc Everett Ellis, Appellant, v. State of Florida, Appellee.

Jessica J. Yearly, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Zachary F. Lawton, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge.

Jessica J. Yearly, Public Defender, and Lori A. Willner, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Zachary F. Lawton, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Broc Everett Ellis appeals his sentence with respect to two costs imposed by the trial court: a $100 cost of prosecution imposed under § 938.27, Florida Statutes, and a $258.50 cost of transportation. Ellis argues that costs of prosecution and for transportation must have been requested by the State and Escambia County Sheriff's Office respectively. We affirm.

First, Ellis's $100 cost of prosecution is not an "investigative cost" incurred by an agency and need not be requested. See Parks v. State, No. 1D22-1566, 2023 WL 4924857 (Aug. 2, 2023). Second, after the State requested imposition of the agency transportation cost pursuant to § 938.27(1), Florida Statutes, Ellis waived whatever defect he now associates with the request by assenting to the cost (and then excluding any request-related argument from his subsequent Florida Rule of Criminal Procedure 3.800(b)(2) motion that challenged transportation costs). Reed v. State, 350 So.3d 836, 838 (Fla. 1st DCA 2022) (a party waives review of an issue by affirmatively stating he has no objection to it). Also, in response to the 3.800(b)(2) motion, the trial court's corrected sentence lawfully reimposed the transportation cost with a citation to the proper authority.

Appellant's sentence is AFFIRMED.

OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur.