Welch v. State, 96-01097
| Decision Date | 13 January 1999 |
| Docket Number | No. 96-01097,96-01097 |
| Citation | 724 So.2d 651 |
| Parties | Tina Suzanne WELCH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.
Appellant challenges her judgment and life sentence for the first degree murder of her three-year-old child, David Welch. On appeal, appellant raises four issues for our consideration. We find merit in only the fourth issue concerning the imposition of certain costs and affirm her judgment and sentence without discussion.
The transcript reveals that the trial court orally assessed $250 in fines and court costs against appellant and $80 in investigative costs to the Pasco County Sheriff's Office. The written order on "Charges/Costs/ Fees" includes the $80 investigative costs, but requires appellant to pay a total of $255 in costs and fees ($50 to the Crimes Compensation Fund; $3 to the Criminal Justice Trust Fund; $2 to the Criminal Justice Education by Municipalities and Counties; and $200 in court costs). We therefore remand this case so that the amount imposed on the written judgment and sentence comports with the trial court's oral pronouncement. See Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996)
.
The $2 cost is a discretionary cost that was not orally pronounced at sentencing. It is therefore stricken. See Harrison v. State, 698 So.2d 379 (Fla. 2d DCA 1997)
. We also strike the $80 in investigative costs since the record is devoid of any request from the Pasco County Sheriff's Office documenting its costs. On remand, the State shall have the opportunity to obtain the appropriate documentation under section 939.01(1), Florida Statutes (1995) (). See Fields v. State, 712 So.2d 413 (Fla. 2d DCA 1998); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).
Affirmed; remanded with directions.
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Waller v. State, 2D03-4029.
...was imposed. If these cases involved a $2 cost imposed under section 938.15, they are no longer reliable precedent. See Welch v. State, 724 So.2d 651 (Fla. 2d DCA 1999); Watson v. State, 718 So.2d 253 (Fla. 2d DCA 1998); Lazo v. State, 711 So.2d 1303 (Fla. 2d DCA 1998); Higdon v. State, 709......
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Hill v. State, 2D02-666.
...So.2d 111, 114 (Fla. 2d DCA 1995). See Tucker, 832 So.2d at 841; Taylor v. State, 821 So.2d 404, 405 (Fla. 2d DCA 2002); Welch v. State, 724 So.2d 651 (Fla. 2d DCA 1999). Costs stricken; FULMER and CANADY, JJ., Concur. ...
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Taylor v. State, 2D00-5097.
...the $510 in investigative costs must be stricken because there was no proper request or documentation to support it. See Welch v. State, 724 So.2d 651 (Fla. 2d DCA 1999). On remand, these costs may be reimposed if the procedural safeguards set forth in Reyes v. State, 655 So.2d 111 (Fla. 2d......
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