Derek L. Murray v. State , 237 So. 3d 487 ( 2018 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DEREK LAMAR MURRAY,
Appellant,
v. Case No. 5D17-2215
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 2, 2018
Appeal from the Circuit Court
for Osceola County,
Elaine A. Barbour, Judge.
James S. Purdy, Public Defender, and
Robert E. Wildridge, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Marjorie Vincent-Tripp
and Kaylee D. Tatman, Assistant Attorneys
General, Daytona Beach, for Appellee.
PER CURIAM.
Derek Murray appeals his convictions for aggravated battery with great bodily harm
and simple battery. We affirm the convictions without further discussion but reverse the
order for reimbursement of investigation costs to the Osceola County Sheriff’s Office
because the trial court lacked jurisdiction to enter the order while this appeal was
pending.
Section 938.27(1), Florida Statutes (2016), provides in pertinent part that in all
criminal cases, the court shall include in every judgment rendered against the convicted
person the investigative costs incurred by law enforcement agencies, if requested by such
agencies. Here, Murray disputed the amount of the investigative costs that were being
requested by the Osceola County Sheriff’s Office. As a result, the trial court announced
at the sentencing hearing that it assessed investigative costs against Murray, but was
reserving jurisdiction to determine at a later hearing the specific amount of these costs.
Shortly thereafter, Murray filed the instant appeal. Subsequently, the trial court held the
aforementioned hearing and entered the now-challenged order imposing investigative
costs against Murray.
While the trial court properly reserved jurisdiction at the sentencing hearing to
impose these investigative costs, the court was thereafter without jurisdiction to enter an
order determining the amount while this direct appeal was pending. See Gatlin v. State,
618 So. 2d 765, 766 (Fla. 2d DCA 1993) (holding that although the trial court reserved
jurisdiction at sentencing to consider imposing costs for police investigation, when the
court actually ordered those costs it was without jurisdiction to do so because the
defendant had already timely filed his notice of appeal). The State properly concedes
error. Accordingly, the September 15, 2017 order for reimbursement of investigation
costs entered by the trial court during this appeal is a nullity.
CONVICTIONS AND SENTENCES AFFIRMED. ORDER FOR
REIMBURSEMENT OF INVESTIGATION COSTS REVERSED, without prejudice.1
COHEN, C.J., BERGER and LAMBERT, JJ., concur.
1The trial court may enter a separate order for reimbursement of investigation
costs once jurisdiction is returned to it following the issuance of our mandate.
2