Kelvin Berrios v. State of Florida

Summary

The Fifth District Court of Appeal of Florida affirmed Kelvin Berrios’s judgments and sentences in an Anders appeal. It remanded the cases for the trial court to reduce prosecution costs from $150 to the statutory minimum of $100 per felony case because the State did not establish that higher costs were incurred.

Holdings

1. Under section 938.27(8), Florida Statutes, prosecution costs in a felony case must be set at no less than $100, and a higher amount may be imposed only upon a showing of sufficient proof of higher costs incurred. Because the State presented no such proof, the $150 awards were improper and had to be reduced to $100 in each case.
2. The court affirmed Berrios's judgments and sentences, subject only to the remand for correction of prosecution costs.

Questions Presented

1. Whether the trial court properly imposed $150 in prosecution costs in each felony case without proof establishing higher costs than the statutory minimum.
2. Whether Berrios's judgments and sentences should otherwise be affirmed in the Anders appeal.

Disposition

affirmed