Jessica Renee Warren v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2020
Docket1D19-2694
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2694
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JESSICA RENEE WARREN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Santa Rosa County.
J. Scott Duncan, Judge.
October 7, 2020
PER CURIAM.
This is an appeal pursuant to Anders v. California, 386 U.S.
738 (1967), of a judgment and sentence for one count of principal
to lewd and lascivious molestation of a child under the age of 12 by
a person over 18 and for one count of child neglect. We affirm
Appellant’s convictions and sentence upon our independent review
of the record.
However, the trial court erred by imposing a $50.00 cost for
“Investigative Fees-County,” citing to section 938.27(8), Florida
Statutes, without a request from the investigating agency as
required by the statute. See Jackson v. State, 287 So. 3d 698 (Fla.
1st DCA 2020). We note that even if this fee had been requested
by the investigating agency, in this case the Milton Police
Department, the authority for such fee is section 938.27(1), not
subsection (8). See Lippwe v. State, 152 So. 3d 782, 783 (Fla. 1st
DCA 2014).
Accordingly, we reverse the $50.00 in “Investigative Fees-
County” and remand for correction of the sentence to strike this
fee.
AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.
RAY, C.J., and BILBREY and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Candice K. Brower, Criminal Conflict & Civil Regional Counsel,
Region One, Gainesville, and Michael J. Titus, Assistant Regional
Conflict Counsel, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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