MERCADO v. STATE (2018)

District Court of Appeal of Florida, Second District.

Ray MERCADO, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-5576

Decided: October 17, 2018

Howard L. Dimmig, II, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant. Ray Mercado, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

This is Ray Mercado's Anders ¹ appeal of his judgment and sentence for lewd or lascivious battery. In both his motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) as well as in his pro se initial brief, Mercado argues that the court improperly imposed $100 in prosecution/investigative costs. We affirm Mercado's judgment and sentence in all respects except we remand for the trial court to strike the $100 in prosecution/investigative costs because the plain language of section 938.27(1), Florida Statutes (2016), requires that the costs be requested and there is no such request on the record before us. See Thomas v. State, 236 So.3d 1159, 1161 (Fla. 1st DCA 2018). The prosecution/investigative costs may not be reimposed on remand. See id.

Affirmed and remanded with instructions.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

KHOUZAM, Judge.

LaROSE, C.J., and SLEET, JJ., Concur.

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