Pedro Carlos Perez v. State of Florida

Summary

The First District Court of Appeal held that Levy County Animal Services was not a direct victim entitled to restitution under section 775.089(1)(c)1., Florida Statutes, because it was providing public services in response to the offenses. The court also held that the trial court erred in imposing a $50 cost of investigation because the State had not requested it. The court affirmed the convictions and sentences, reversed the restitution order, and remanded with instructions to strike the investigative cost.

Holdings

1. Levy County Animal Services was not a direct victim under section 775.089(1)(c)1., Florida Statutes (2023), because it merely provided public services in response to Perez's offenses; the dogs, not the agency, were the direct victims. The restitution award was therefore erroneous.
2. The trial court erred by imposing the $50 cost of investigation because section 938.27(1), Florida Statutes (2023), permits that cost only when it is requested by the State, and no request was made below.

Questions Presented

1. Whether Levy County Animal Services qualified as a direct victim entitled to restitution under section 775.089(1)(c)1., Florida Statutes (2023), for the cost of caring for Perez's dogs.
2. Whether the trial court could impose the $50 cost of investigation under section 938.27(1), Florida Statutes (2023), when the State had not requested it.
3. Whether the convictions and sentences should otherwise be affirmed.

Disposition

reversed_and_remanded