Fernandez D. Gunter v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 10, 2026
Docket6D2025-1045
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-1045
Lower Tribunal No. 2020-CF-000148
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FERNANDEZ D. GUNTER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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Appeal from the Circuit Court for Polk County.
Jalal A. Harb, Judge.
September 10, 2026
WHITE, J.
Fernandez D. Gunter appeals the order of revocation of community control
and sentence entered after he admitted to violating community control. Gunter
asserts that the Monetary Obligations Order improperly imposes “Additional SAO
Costs of Prosecution Fees” of $150. Because the State failed to present any proof
showing that it incurred costs greater than $100, we agree. See § 938.27(8), Fla.
Stat. (2023) (“Costs for the state attorney must be set in all cases at . . . no less than
$100 per case when a felony offense is charged, including a proceeding in which the
underlying offense is a violation of . . . community control. The court may set a
higher amount upon a showing of sufficient proof of higher costs incurred.”); see
also Golphin v. State, 413 So. 3d 828, 828 (Fla. 6th DCA 2024).
Therefore, we reverse the improper cost imposition of $150 and remand for
the trial court to enter a corrected Monetary Obligations Order imposing $100 for
state attorney costs of prosecution. Gunter’s presence is not required for that
ministerial correction. See Golphin, 413 So. 3d at 829. Otherwise, we affirm the
order of revocation of community control and sentence without further discussion.
AFFIRMED in part; REVERSED in part; and REMANDED with
instructions.
SMITH and KAMOUTSAS, JJ., concur.
Blair Allen, Public Defender, and Lisa Martin, Assistant Public Defender, Bartow,
for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Helene S. Parnes, Manager II
Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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