IRIZARRY v. STATE (2026)

District Court of Appeal of Florida, Sixth District.

Miosotis IRIZARRY, Appellant, v. STATE of Florida, Appellee.

Case No. 6D2024-1495

Decided: January 09, 2026

Blair Allen, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender, Bartow, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.

Miosotis Irizarry appeals her judgment and sentence asserting two grounds for reversal, one of which we address. The trial court's Monetary Obligations Order imposed “Additional SAO Costs of Prosecution Fees” of $150 under section 938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost minimum for felony offenses, without the State's “showing of sufficient proof of higher costs incurred.” The State concedes the error, and we agree. See Golphin v. State, 413 So. 3d 828, 828-29 (Fla. 6th DCA 2024).

We reverse as to the $150 cost imposition and remand for entry of a corrected monetary obligations order imposing $100 for state attorney costs. Irizarry's presence is not required for this ministerial correction. See Golphin, 413 So. 3d at 829. We affirm the judgment and sentence in all other respects.

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

GANNAM, J.

SMITH and BROWNLEE, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law