James Murray Beauford v. State of Florida ( 2023 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    JAMES MURRAY BEAUFORD,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    No. 4D2023-1320
    [December 20, 2023]
    Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
    Lucie County; Michael C. Heisey, Judge; L.T. Case Nos. 2021CF001671A
    and 2022CF000955A.
    James Murray Beauford, Wewahitchka, pro se.
    No appearance for appellee.
    PER CURIAM.
    We affirm Appellant’s convictions and sentences without further
    comment. We reverse, however, the imposition of investigative costs as
    those costs were never requested by the State or by any investigating law
    enforcement agency. See Phillips v. State, 
    352 So. 3d 545
    , 545 (Fla. 1st
    DCA 2022) (“We affirm this appeal in all respects, except that the trial
    court’s imposition of the $50 cost of investigation is unlawful under section
    938.27, Fla. Stat. (2019) because no agency requested them.”). On
    remand, the trial court shall “enter an amended judgment and sentence
    that strikes or deletes the investigative costs, without the State being
    entitled to have these costs reimposed.” Smith v. State, 
    291 So. 3d 637
    ,
    637 (Fla. 5th DCA 2020).
    Affirmed in part, reversed in part, and remanded with instructions.
    DAMOORGIAN, GERBER and KUNTZ, JJ., concur.
    *          *          *
    Not final until disposition of timely filed motion for rehearing.
    

Document Info

Docket Number: 2023-1320

Filed Date: 12/20/2023

Precedential Status: Precedential

Modified Date: 12/20/2023