Background
Jeffery Lee Cain appealed an order of the St. Lucie County Circuit Court denying his Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing errors.
Cain challenged a $50 investigative-cost assessment imposed at sentencing. He argued that neither the State nor the investigating law-enforcement agency had requested the cost or established entitlement to receive it. The State confessed error.
The Court’s Holding
In a per curiam decision, the Fourth District agreed that the $50 investigative cost was improperly imposed. A trial court may impose investigative costs only when the State or the involved agency requests them.
Because no such request was made here, the court reversed the investigative-cost assessment and remanded with instructions to strike it. The court stated that the cost may not be reimposed on remand.
Key Takeaways
- Investigative costs require a request from the State or the investigating law-enforcement agency.
- An unrequested investigative-cost assessment must be stricken.
- The State’s confession of error was accepted, and the remand is limited to striking the $50 cost.
Why It Matters
The decision reinforces that sentencing-cost assessments must have a record-based statutory foundation. Trial courts cannot independently impose investigative costs when the State or investigating agency has not sought them.
For criminal practitioners, the case supplies a straightforward Rule 3.800(b)(2) basis to challenge unrequested investigative-cost assessments and confirms that such costs cannot be added again after remand.