CHAD ERIC HILBERT vs STATE OF FLORIDA

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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 CHAD ERIC HILBERT, Appellant, v. Case No. 5D19-3111 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 17, 2020 Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr. , Judge James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Appellant’s judgments and sentences entered in the two criminal cases subject to this appeal. However, we remand for the correction of investigative costs. In case number 2019-0552-CF, the $100 investigative cost assessed pursuant to section 938.27(1), Florida Statutes (2019), must be stricken as this cost was not requested. See Rogers v. State, 289 So. 3d 548, 550 (Fla. 5th DCA 2020) (“Trial courts may impose investigatory costs, but only when requested by the State or agency involved.” (citations omitted)); accord Richards v. State, 288 So. 3d 574, 576−77 (Fla. 2020). As for case number 2018-1510-CF, the $100 investigative cost must be reduced to $33.84—the amount specifically requested by the agency. See Rogers, 289 So. 3d at 550. AFFIRMED; REMANDED with directions. WALLIS, LAMBERT, and GROSSHANS, JJ., concur. 2

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