PORTER v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Timothy PORTER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D2023-1553

Decided: September 20, 2024

Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

Timothy Porter (“Appellant”) timely appeals his conviction for one count of driving under the influence (“DUI”), a misdemeanor offense. He was sentenced to twelve months’ probation and ordered to pay certain court costs. Although he raises four issues on appeal, only one merits discussion.

Appellant argues that the trial court erred when it imposed $50.00 for investigative costs pursuant to section 938.27(1), Florida Statutes (2023), because the State did not specifically request that cost to be imposed. We agree that it was error to do so. See Richards v. State, 288 So. 3d 574, 576 (Fla. 2020); O'Malley v. State, 378 So. 3d 672, 674 (Fla. 5th DCA 2024). We affirm as to all other issues, but reverse and remand with instructions for the trial court to enter an amended cost order that removes the $50.00 investigative cost.

Affirmed, in part; Reversed, in part; Remanded with instructions.

Per Curiam.

Edwards, C.J., and Eisnaugle and MacIver, JJ., concur.

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