LOVETT v. STATE (2020)

Appellant challenges the costs of investigation and certain court costs that were imposed on him by the trial court as part of his sentence after being convicted at trial for sexual activity with a child while in a position of familial or custodial authority.¹ We reverse.

Appellant argues, and the State concedes, that the investigative costs should be stricken. We accept the State's concession, and remand for the trial court to strike the investigative costs from its court cost order and to vacate its separate order entered for reimbursement of investigative costs.

Appellant's second argument is that although the trial court granted his Florida Rule of Criminal Procedure 3.800(b)(2) motion to strike $73 from the $418 in court costs initially imposed, the amended court cost order subsequently entered still assessed the original $418 in court costs. Appellant is correct. On remand, the trial court shall enter a second amended court cost order showing the sum of $345 assessed as court costs, together with the applicable statutory citations supporting this amount.

REVERSED and REMANDED with directions.

FOOTNOTES

1.   Appellant has not contested his conviction or the incarcerative aspects of his sentence.

PER CURIAM.

EVANDER, C.J., COHEN and LAMBERT, JJ., concur.