Miosotis Irizarry v. State of Florida

Summary

The Sixth District Court of Appeal of Florida held that the trial court improperly imposed $150 in state attorney costs under section 938.27(8), Florida Statutes, without sufficient proof of higher costs. The court reversed that portion of the monetary obligations order, remanded for imposition of the $100 statutory minimum, and affirmed the judgment and sentence in all other respects.

Holdings

1. The trial court erred by imposing $150 in state attorney costs of prosecution without the State's showing of sufficient proof of higher costs incurred; the proper assessment on this record was the $100 statutory minimum.
2. Irizarry's presence was not required for the ministerial correction of the monetary obligations order.

Questions Presented

1. Whether the trial court erred by imposing $150 in state attorney costs of prosecution without the State's showing of sufficient proof of higher costs incurred.
2. Whether correction of the monetary obligations order required Irizarry's presence.

Disposition

reversed_and_remanded