Foulkes v. State

Full title: THEODORE ROOSEVELT FOULKES, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 7, 2017

221 So. 3d 789 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–939

07-07-2017

Theodore Roosevelt FOULKES, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Theodore Foulkes entered a no contest plea to possession of cannabis in excess of twenty grams after the denial of his dispositive motion to suppress. We affirm, without discussion, the trial court's denial of Foulkes' motion to suppress. However, we agree with Foulkes that the trial court erred in imposing costs of investigation where the State did not expressly request these costs. On remand, the State shall be afforded another opportunity to request costs of investigation. McCarthy v. State , 893 So.2d 689, 690 (Fla. 5th DCA 2005).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

COHEN, C.J., and TORPY and EVANDER, JJ., concur.