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Thompson v. State

District Court of Appeal of Florida, Second District
Sep 24, 1997
699 So. 2d 329 (Fla. Dist. Ct. App. 1997)

Summary

holding that extradition costs are costs of prosecution

Summary of this case from Martinez v. State

Opinion

Case No. 96-02190

Opinion filed September 24, 1997.

Appeal from the Circuit Court for Polk County; Robert L. Doyel, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Eddie Thompson challenges the sentence imposed upon him following revocation of his probation. Although appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), he suggests that the trial court erred in imposing a lien upon Thompson for costs of extradition. We strike the lien and affirm Thompson's sentence in all other respects.

The cost of extradition is a cost of prosecution. See Skillman v. State, 696 So.2d 1341 (Fla. 2d DCA 1997). Costs of prosecution must be expressly requested by a specific agency with adequate supporting documentation. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). The trial court must announce such costs on the record after consideration of the factors contained in section 939.01, Florida Statutes (1995). Because the requirements of the statute were not met, we strike the lien for costs of extradition and remand this case to the trial court. The State can seek to have the cost reimposed in accordance with the procedure set forth in Reyes.

Affirmed in part; lien stricken.

CAMPBELL, A.C.J., and FRANK, J., Concur.


Summaries of

Thompson v. State

District Court of Appeal of Florida, Second District
Sep 24, 1997
699 So. 2d 329 (Fla. Dist. Ct. App. 1997)

holding that extradition costs are costs of prosecution

Summary of this case from Martinez v. State

considering the statute as previously numbered section 939.01

Summary of this case from Bass v. State
Case details for

Thompson v. State

Case Details

Full title:EDDIE LEE THOMPSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 24, 1997

Citations

699 So. 2d 329 (Fla. Dist. Ct. App. 1997)

Citing Cases

Tesner v. State

The lien imposed for extradition costs is also stricken because it was not expressly requested by a specific…

Martinez v. State

Extradition costs are imposed and enforced as costs of prosecution under sections 938.27 and 938.30. See…