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Alijah Gadson, Appellant, v. State of Florida, Appellee.
Alijah Gadson appeals his judgment and sentence following a jury trial. Gadson was found guilty of attempted manslaughter (with a special finding that he carried a firearm) and shooting or throwing deadly missiles. He was sentenced to fifteen years on both counts to run consecutively. The State requested, and the trial court awarded, $5,132.43 costs of prosecution; the written cost order included an award for $100 of prosecution costs as well as the requested $5,132.43.
We affirm Gadson's judgment and sentence, but remand for a corrected judgment striking the duplicative $100 of prosecution costs, as the statute does not allow for the imposition of both the standard $100 prosecution costs and the requested higher amount. See § 938.27(8), Fla. Stat. (2024) (“Costs for the state attorney must be set in all cases at no less than ․ $100 per case when a felony offense is charged ․ The court may set a higher amount upon a showing of sufficient proof of higher costs incurred.”).
Affirmed and Remanded with instructions.
Per Curiam.
Makar, Wallis, and Jay, JJ., concur.
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Docket No: Case No. 5D2023-3666
Decided: April 25, 2025
Court: District Court of Appeal of Florida, Fifth District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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