DEREK LEVON O'NEAL vs STATE OF FLORIDA

Annotate this Case

Download PDF

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 LEVON O'NEAL, Appellant, v. Case No. 5D19-3048 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 27, 2020 Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr. , Judge. James S. Purdy, Public Defender, and Glendon G. Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Derek Levon O’Neal’s judgment and sentence. However, we remand for the trial court to strike the $100 investigative cost assessed pursuant to section 938.27(1), Florida Statutes (2019), and imposed as a “standard” cost. “Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” Rogers v. State, 45 Fla. L. Weekly D200 (Fla. 5th DCA Jan. 24, 2020) (internal citations omitted); accord Richards v. State, 288 So. 3d 574 (Fla. 2020). AFFIRMED; REMANDED WITH INSTRUCTIONS. EISNAUGLE, SASSO and TRAVER, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.