Alijah Gadson v. State of Florida

Summary

The Fifth District Court of Appeal affirmed Alijah Gadson’s judgment and consecutive fifteen-year sentences for attempted manslaughter and shooting or throwing deadly missiles. The court remanded for correction of the cost order because it improperly included both the statutory $100 prosecution cost and the higher prosecution-cost award authorized upon proof of additional costs.

Holdings

1. Section 938.27(8) does not permit imposition of both the standard $100 prosecution-cost award and a higher prosecution-cost amount; the duplicative $100 award must be stricken.
2. The judgment and sentence are affirmed.

Questions Presented

1. Whether the trial court could impose both the standard $100 felony prosecution-cost award and the higher prosecution-cost amount supported by the State's request under section 938.27(8), Florida Statutes.
2. Whether Gadson's judgment and sentence should otherwise be affirmed.

Disposition

affirmed_and_remanded