O'Malley v. State
The Fifth DCA affirmed imposition of the $100 mandatory cost of prosecution under section 938.27(8), Florida Statutes, without a state request, holding the statute's mandatory minimum provisions negate any need for the State to request it. The court reversed the $100 cost of investigation for lack of request and remanded for entry of a detailed order itemizing costs rather than a lump-sum award.
Key facts
- O'Malley was convicted of a felony in trial court, which imposed both a $100 mandatory cost of prosecution and a $100 cost of investigation.
- The trial court imposed these costs without a specific request from the State on the record and imposed them as a lump-sum award rather than itemizing each cost.
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Why it matters
This opinion is significant because it expressly certifies a district conflict with the Second DCA's D.L.J. decision on whether the mandatory minimum cost of prosecution under section 938.27(8) requires a state request… — full analysis with a trial
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