IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
STEVEN M. RILEY, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D13-3861
STATE OF FLORIDA,
Appellee.
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Opinion filed December 3, 2014.
An appeal from the Circuit Court for Duval County.
Mark Hulsey, III, Judge.
Nancy A. Daniels, Public Defender, and Zachary Lawton, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Steven M. Riley, appellant, raises three issues in this appeal of his judgment
and sentence for robbery with a weapon. We agree with Riley that the trial court
erred by imposing the costs of prosecution under section 938.27, Florida Statutes
(2010) because the State neglected to request the same. See Jackson v. State, 137
So. 3d 470, 472-73 (Fla. 4th DCA 2014) (reversing award of investigatory costs
under § 938.27(1) where “no investigating agency moved for fees, and the state did
not submit any evidence establishing what investigative costs were actually
incurred.”); Ogden v. State, 117 So. 3d 479, 480 (Fla. 1st DCA 2013) (striking
sheriff’s and prosecutor’s investigative costs, which are discretionary, when not
requested by the agencies).
We therefore REVERSE and REMAND with instructions to strike the costs
of prosecution from the judgment and resentence accordingly. We AFFIRM the
judgment and sentence in all other respects.
WOLF, VAN NORTWICK, and OSTERHAUS, JJ., CONCUR.
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