PAGLIUCA v. STATE

No. 5D02-3608.

860 So.2d 1095 (2003)

John Michael PAGLIUCA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 12, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, J.

John Michael Pagliuca challenges the trial court's imposition of $250.00 for the costs of prosecution and the requirement that he enroll in a probationers' educational growth program pursuant to a special condition of his community control.

Section 938.27(1), Florida Statutes (2002), allows the trial court to impose the costs of prosecution "if requested and documented....", but in Pagliuca's case, the State presented no documentation. Consequentially...

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