TURNER v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Kelsey A. TURNER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-357

Decided: October 23, 2020

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Kelsey A. Turner, Bushnell, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

Following careful review, we affirm the judgment and sentence entered below, with one exception. The trial court ordered Appellant to pay a $100 investigative cost; however, it was not requested by the State or the agency, nor was it orally pronounced. See § 938.27(1), Fla. Stat. (2020); Quinby v. State, 299 So. 3d 626 (Fla. 5th DCA 2020); Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). Because the $100 cost of investigation was improperly imposed, we remand for the trial court to enter an amended sentence striking the $100 investigative cost.

AFFIRMED AND REMANDED.

EDWARDS, J.

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

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