Kemp v. State

298 So.3d 1243 (Mem)

Shantonio KEMP, Appellant,

v.STATE of Florida, Appellee.

Case No. 5D18-3673

District Court of Appeal of Florida, Fifth District.

Opinion filed June 12, 2020

Anthony M. Candela, of Candela Law Firm, P.A., Riverview, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Shantonio Kemp's judgment and sentence. We further affirm all costs assessments except for the "$100 Cost of Investigation [for the] Palatka Police." See § 938.27(1), Fla. Stat. (2018) ; Richards v. State , 288 So. 3d 574, 577 (Fla. 2020). The State argues that it should be given an opportunity to prove the costs of investigation on remand. However, our supreme court has rejected this argument. See Richards , 288 So. 3d at 576. We therefore reverse as to this cost and remand with directions for the trial court to enter an amended costs judgment.

AFFIRMED; and REMANDED with INSTRUCTIONS.

WALLIS, EISNAUGLE, and TRAVER, JJ., concur.