Opinion
5D2024-0093
07-12-2024
Marcus Finnell Williams, Appellant, v. State of Florida, Appellee.
Matthew J. Metz, Public Defender, and Jane C. Almy, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.
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 Nassau County LT Case No. 2023-CF-000276-A . James H. Daniel, Judge.
Matthew J. Metz, Public Defender, and Jane C. Almy, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
AFFIRMED. See O'Malley v. State, 378 So.3d 672, 673 (Fla. 5th DCA 2024) ("The relevant statute . . . makes cost of prosecution mandatory at a minimum of $100 per case for felony cases. In Hills v. State, 90 So.3d 927, 928 (Fla. 1st DCA 2012), the First District noted that 'the mandatory provisions of section 938.27(8) and the other amendments restricting the trial judge's discretion have negated any reason to require the state attorney to request the minimum costs [of prosecution] for the state attorney[.]'"); see also Parks v. State, 371 So.3d 392, 393-94 (Fla. 1st DCA 2023), review granted, SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024) ("In setting forth the minimum mandatory state attorney cost, subsection (8) does not include a request requirement like the one applicable to agency-investigative costs in subsection (1). And so, the State was not required to request the $100 mandatory state attorney cost before the court assessed it.").
JAY, EISNAUGLE, and SOUD, JJ., concur.