Opinion
No. 1D19-2694
10-07-2020
Jessica Renee WARREN, Appellant, v. STATE of Florida, Appellee.
Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Region One, Gainesville, and Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Region One, Gainesville, and Michael J. Titus, Assistant Regional Conflict Counsel, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Per Curiam. This is an appeal pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), of a judgment and sentence for one count of principal to lewd and lascivious molestation of a child under the age of 12 by a person over 18 and for one count of child neglect. We affirm Appellant's convictions and sentence upon our independent review of the record.
However, the trial court erred by imposing a $50.00 cost for "Investigative Fees-County," citing to section 938.27(8), Florida Statutes, without a request from the investigating agency as required by the statute. See Jackson v. State , 287 So. 3d 698 (Fla. 1st DCA 2020). We note that even if this fee had been requested by the investigating agency, in this case the Milton Police Department, the authority for such fee is section 938.27(1), not subsection (8). See Lippwe v. State , 152 So. 3d 782, 783 (Fla. 1st DCA 2014).
Accordingly, we reverse the $50.00 in "Investigative Fees-County" and remand for correction of the sentence to strike this fee.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
Ray, C.J., and Bilbrey and Jay, JJ., concur.