LEWIS v. STATE (2020)

Appellant, Mikkia Lewis, appeals the judgment and sentence entered following her negotiated plea to second-degree murder. Appellant claims that her plea was involuntary because she was incompetent at the time she entered her plea. Because this issue was not preserved for appellate review, we affirm the judgment and sentence without prejudice for Appellant to timely file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850(a)(5), if she can do so in good faith.¹ See Fla. R. App. P. 9.140(b)(2).

However, we note that the trial court erroneously imposed a $100 investigative cost that was not requested by the State or agency and was not orally pronounced. See Quinby v. State, 299 So. 3d 626, 627 (Fla. 5th DCA 2020) (remanding for the trial court to strike the cost of investigation imposed “because the State did not request it or offer evidence to support the amount”). Thus, we remand for the trial court to strike this investigative cost.

AFFIRMED and REMANDED with Instructions.

FOOTNOTES

1.   We express no opinion on the merit of such motion.

WALLIS, J.

EVANDER, C.J., and EDWARDS J., concur.