Summary
The Florida Fourth District Court of Appeal reversed an order denying the defendant’s Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing errors. The court directed the circuit court to strike investigative costs that were neither requested nor orally imposed and to reduce prosecution costs to $100 unless the State seeks and proves a greater amount.
Topics
Practice areas
Questions Presented
- Whether investigative costs may be imposed when the State did not request them before judgment.
- Whether the written prosecution-cost assessment could exceed the $100 amount orally pronounced by the circuit court without a proper request and supporting findings.
Holdings
- Investigative costs cannot be imposed when the State fails to request them before judgment, and the State is not entitled to a second opportunity to request them on remand.
- The written prosecution-cost assessment must be reduced to the orally pronounced $100 unless the State seeks and proves a greater amount and sufficient findings support the additional costs.
Key quotations
“We remand for the circuit court to enter an amended written costs order imposing zero for investigative costs and $100 for prosecution costs, unless the state seeks and proves a greater amount for prosecution costs only.”
Factual background
The circuit court's written costs order assessed $50 in investigative costs even though the State had not requested those costs before judgment and the court had not orally imposed them. The written order also imposed $200 in prosecution costs although the court had orally pronounced $100. Moise challenged both sentencing-related costs in a Rule 3.800(b)(2) motion, and the State conceded error on both grounds.
Procedural history
The Circuit Court for the Nineteenth Judicial Circuit in St. Lucie County denied Moise's Rule 3.800(b)(2) motion challenging written investigative and prosecution costs. On appeal, the State conceded that the written costs order improperly imposed $50 in investigative costs without a State request and imposed $200 in prosecution costs after the court orally pronounced $100. The Fourth District agreed and reversed and remanded with directions.
Remand instructions
The circuit court must enter an amended written costs order imposing zero investigative costs and $100 in prosecution costs, unless the State seeks and proves a greater amount for prosecution costs only.