RICHARDS v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Ronald James RICHARDS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2704

Decided: March 06, 2020

James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

In Richards v. State, 288 So.3d 574 (Fla. 2020), the Florida Supreme Court quashed our decision in Richards v. State, 258 So. 3d 576 (Fla 5th DCA 2018), and remanded the case back to our Court for further proceedings consistent with its opinion.

The sole issue raised by Appellant on appeal is that the trial court erred in imposing investigative costs pursuant to section 938.27 (1), Florida Statutes, (2017), in the absence of a request from the State or any evidence from the investigating agency. We agree.

Accordingly, we remand for the trial court to enter an amended judgment without including these investigative costs. Additionally, in accordance with the Florida Supreme Court's opinion in this case, the State's opportunity to request these investigative costs has now passed. See Richards, 288 So.3d at 574.

REVERSED and REMANDED, with directions.

PER CURIAM.

LAMBERT, HARRIS, and SASSO, JJ., concur.

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