MIOSOTIS IRIZARRY v. STATE OF FLORIDA

2024-1495Fla Dist Ct App 6th

Texte intégral

S IXTH D ISTRICT COURT OF APPEAL
S TATE OF F LORIDA
_____________________________
Case No. 6D2024-1495
Lower Tribunal No. 2023-CF-007835
_____________________________
M IOSOTIS IRIZARRY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal from the Circuit Court for Polk County.
Wayne M. Durden, Judge.
January 9, 2026
GANNAM, J.
Miosotis Irizarry appeals her judgment and sentence asserting two grounds
for reversal, one of which we address. The trial court’s Monetary Obligations Order
imposed “Additional SAO Costs of Prosecution Fees” of $150 under section
938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost
minimum for felony offenses, without the State’s “showing of sufficient proof of
2
higher costs incurred.” The State concedes the error, and we agree. See Golphin v.
State, 413 So. 3d 828, 828-29 (Fla. 6th DCA 2024).
We reverse as to the $150 cost imposition and remand for entry of a corrected
monetary obligations order imposing $100 for state attorney costs. Irizarry’s
presence is not required for this ministerial correction. See Golphin, 413 So. 3d at
829. We affirm the judgment and sentence in all other respects.
AFFIRMED 	in 	part; 	REVERSED 	in 	part; 	and 	REMANDED 	with
instructions.
SMITH and BROWNLEE, JJ., concur.
Blair Allen, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender,
Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Natalia Reyna-Pimiento,
Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED

OCR transcription; preserved printed pages are authoritative

SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA

Case No. 6D2024-1495
Lower Tribunal No. 2023-CF-007835

MIOSOTIS IRIZARRY,
Appellant,
Vv.
STATE OF FLORIDA,

Appellee.

Appeal from the Circuit Court for Polk County.
Wayne M. Durden, Judge.

January 9, 2026

GANNAM, J.

Miosotis Irizarry appeals her judgment and sentence asserting two grounds
for reversal, one of which we address. The trial court’s Monetary Obligations Order
imposed “Additional SAO Costs of Prosecution Fees” of $150 under section
938.27(8), Florida Statutes (2024), which exceeds the $100 state attorney cost

minimum for felony offenses, without the State’s “showing of sufficient proof of

higher costs incurred.” The State concedes the error, and we agree. See Golphin v.
State, 413 So. 3d 828, 828-29 (Fla. 6th DCA 2024).

We reverse as to the $150 cost imposition and remand for entry of a corrected
monetary obligations order imposing $100 for state attorney costs. Irizarry’s
presence is not required for this ministerial correction. See Golphin, 413 So. 3d at
829. We affirm the judgment and sentence in all other respects.

AFFIRMED in part; REVERSED in part; and REMANDED with
instructions.

SMITH and BROWNLEE, JJ., concur.

Blair Allen, Public Defender, and Caroline Joan S. Picart, Assistant Public Defender,
Bartow, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Natalia Reyna-Pimiento,

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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