145 So. 3d 930
Fla. Dist. Ct. App.2014Background
- Collins was convicted after a jury trial of multiple forgery-related offenses and theft offenses.
- At sentencing, the trial court imposed a $500 cost of prosecution without any supporting documentation.
- Collins filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error while the Anders appeal was pending; the trial court did not rule, and the motion was deemed denied.
- Florida statute 938.27(8) requires state attorney costs to be no less than $100 per case for a felony, with higher amounts allowed only upon proof of higher costs.
- The State bears the burden to substantiate any excess costs beyond the mandatory amount, per Simmons v. State.
- The appellate court reversed the portion of the sentence imposing excess costs, affirmed the convictions and most sentences, and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $500 cost of prosecution was proper | Collins argues the extra $400 lacked documentation. | State contends higher costs are permissible with proof. | Error to impose excess costs without documentation; reversal of that portion; remand. |
Key Cases Cited
- Simmons v. State, 24 So. 3d 636 (Fla. 2d DCA 2009) (burden on State to prove higher costs)
- Diaz v. State, 901 So. 2d 310 (Fla. 2d DCA 2005) (documentation required for excess costs)
- O'Neill v. State, 841 So. 2d 629 (Fla. 2d DCA 2003) (3.800(b)(2) denial deemed final)
- In re Appellate Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991) (Anders briefing procedure guidance)