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BENITEZ v. STATE

No. 77-289.

350 So.2d 1100 (1977)

Ramon BENITEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

Pollack, Rosenfeild, Spain & Cullen; John H. Lipinski, Miami, for appellant.

Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellee.

Before PEARSON, NATHAN and HUBBART, JJ.

PEARSON, Judge.

The controlling question presented on this appeal1 is whether investigative costs incurred by a defendant in a criminal proceeding may be recovered from the State as taxable costs upon defendant's acquittal of the crime charged in the criminal proceeding. We hold that as a matter of law, investigative costs are not recoverable as taxable costs.

Appellant Ramon Benitez was charged by indictment with first degree...

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