Meyers v. State, 676 So. 2d 57

PER CURIAM.

Steven Meyers appeals his judgment and sentence for lewd and lascivious act in the presence of a child.¹ We affirm the judgment and sentence, but we strike the assessments for investigative costs imposed pursuant to section 939.01, Florida Statutes (1993). The record does not establish that the state requested investigative costs or documented the amount of costs incurred by law enforcement. See § 939.01(1), Fla. Stat. (1993). This is in derogation of the statute. Absent a request along with documentation, 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 reim-position of the investigative costs, if appropriate, once the state complies with section 939.01(1). See Reyes v. State, 655 So.2d 111, 119 (Fla. 2d DCA 1995).

Judgment and Sentence AFFIRMED; Investigative Costs STRICKEN; and REMANDED.

PETERSON, C.J., and DAUKSCH and THOMPSON, JJ., concur.

Notes

1 . § 800.04(1), Fla. Stat. (1993).

Case Details

Case Name: Meyers v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 5, 1996

Citations: 676 So. 2d 57; 1996 WL 372235; 1996 Fla. App. LEXIS 7158; No. 95-3023

Docket Number: No. 95-3023

Court Abbreviation: Fla. Dist. Ct. App.