HENRY v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jessica Jeanne HENRY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3667

Decided: April 17, 2020

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, State Attorney, Tallahassee, and L. Charlene Matthews, Assistant State Attorney, Daytona Beach, for Appellee.

We affirm Jessica Jeanne Henry's judgment and sentence. However, we remand for the trial court to strike the $100 investigative cost for the Deland Police Department assessed pursuant to section 938.27(1), Florida Statutes (2019), and imposed as a “standard” cost. “Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” Rogers v. State, 289 So. 3d 548, 549 (Fla. 5th DCA 2020) (quoting Desrosiers v. State, 286 So. 3d 297, 300 (Fla. 4th DCA 2019)); accord Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

AFFIRMED; REMANDED WITH INSTRUCTIONS

PER CURIAM.

ORFINGER, EDWARDS and HARRIS, JJ., concur.

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