Brown v. State, 94-478
| Decision Date | 21 July 1995 |
| Docket Number | No. 94-478,94-478 |
| Citation | 657 So.2d 1280 |
| Parties | 20 Fla. L. Weekly D1720 David Anthony BROWN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael D. Crotty, Asst. Atty. Gen., Daytona Beach, for appellee.
The special condition of probation that requires the appellant to pay $36 to First Step of Volusia County is stricken. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994). The assessment of $250 investigative costs by the state attorney's office is also stricken. The state attorney never requested nor documented this cost as required by section 939.01(1), Florida Statutes (1993).
The order of restitution is vacated and we remand for a hearing. The record is in a state of confusion as to the amount actually paid for the funeral expenses of the victims. We note that whether the source of any portion of the funeral expenses was life insurance benefits is immaterial in assessing these expenses against the defendant; a victim is entitled to restitution whether the funeral expenses were paid out of wages, savings, or a death benefit. If the funeral expenses were paid by an insurer, the insurer is entitled to restitution. L.S. v. State, 593 So.2d 296 (Fla. 5th DCA 1992).
REVERSED IN PART; REMANDED.
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Madison v. State, 95-424
...requires both for an award under section 939.01. Thus, the cost assessment could not be sustained on this ground. See Brown v. State, 657 So.2d 1280 (Fla. 5th DCA 1995) (assessment of $250.00 investigative costs stricken when state failed to request or document the cost as required by secti......
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Nieves v. State, 95-3252
...to support the assessment as required by the statute, and therefore the costs must be stricken. See, e.g., Brown v. State, 657 So.2d 1280 (Fla. 5th DCA 1995). Although the trial court indicated that it would consider whether to waive the prosecution costs sometime in the future when appella......
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Meyers v. State, 95-3023
...the imposition of investigative costs is error. See Madison v. State, 664 So.2d 1140 (Fla. 5th DCA 1995); Brown v. State, 657 So.2d 1280 (Fla. 5th DCA 1995). We remand for reimposition of the investigative costs, if appropriate, once the state complies with section 939.01(1). See Reyes v. S......