THEODORE ROOSEVELT FOULKES v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

THEODORE ROOSEVELT FOULKES, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-939

Decided: July 07, 2017

James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Theodore Foulkes entered a no contest plea to possession of cannabis in excess of twenty grams after the denial of his dispositive motion to suppress. We affirm, without discussion, the trial court's denial of Foulkes' motion to suppress. However, we agree with Foulkes that the trial court erred in imposing costs of investigation where the State did not expressly request these costs. On remand, the State shall be afforded another opportunity to request costs of investigation. McCarthy v. State, 893 So. 2d 689, 690 (Fla. 5th DCA 2005).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

PER CURIAM.

Appeal from the Circuit Court for Volusia County, Terence R. Perkins, Judge. COHEN, C.J., and TORPY and EVANDER, JJ., concur.

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