On appeal from the Circuit Court for Duval County.London M. Kite, Judge.
Matthew J. Metz, Public Defender, and Susan A. Fagan, AssistantPublic Defender, Daytona Beach, for Appellant.
Alijah Gadson, Sneads, pro se.
James Uthmeier, Attorney General, and Daren L. Shippy,Assistant Attorney General, Tallahassee, for Appellee.
April 25, 2025
PER CURIAM.
Alijah Gadson appeals his judgment and sentence following ajury trial. Gadson was found guilty of attempted manslaughter(with a special finding that he carried a firearm) and shooting or
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2throwing deadly missiles. He was sentenced to fifteen years onboth counts to run consecutively. The State requested, and thetrial court awarded, $5,132.43 costs of prosecution; the written costorder included an award for $100 of prosecution costs as well asthe requested $5,132.43.We affirm Gadson’s judgment and sentence, but remand for acorrected judgment striking the duplicative $100 of prosecutioncosts, as the statute does not allow for the imposition of both thestandard $100 prosecution costs and the requested higher amount.See § 938.27(8), Fla. Stat. (2024) (“Costs for the state attorneymust be set in all cases at no less than . . . $100 per case when afelony offense is charged . . . . The court may set a higher amountupon a showing of sufficient proof of higher costs incurred.”).AFFIRMED and REMANDED with instructions.MAKAR, WALLIS, and JAY, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
Opinion text and original PDF from Florida Fifth District Court of Appeal · Source opinion