Phillips v. State

Full title: Glen Dillon Phillips, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Dec 20, 2022

No. 1D21-2431 (Fla. Dist. Ct. App. Dec. 20, 2022)

Opinion

1D21-2431

12-20-2022

Glen Dillon Phillips, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Adam B. Wilson, 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 Santa Rosa County. Clifton A. Drake, Judge.

Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM

We affirm this appeal in all respects, except that the trial court's imposition of the $50 cost of investigation is unlawful under section 938.27, Fla. Stat. (2019) because no agency requested them. See Hawkins v. State, 198 So.3d 1159, 1160 (Fla. 1st DCA 2016); Ogden v. State, 117 So.3d 479, 480 (Fla. 1st DCA 2013). Appellant's motion filed under Florida Rule of Criminal Procedure 3.800(b)(2) challenging the imposition of these costs should have been granted. Id.

Appellant's judgment and sentence are thus AFFIRMED in part, REVERSED in part, and REMANDED for entry of a corrected judgment and sentence striking the $50 investigatory costs.

LEWIS, MAKAR, and OSTERHAUS, JJ., concur.