Background
Jeremiah Laplace appealed his conviction and sentence on four counts of transmitting a threat to kill or do bodily injury under section 836.10, Florida Statutes (2022).
Laplace challenged the standard jury instruction, the use of a six-person rather than twelve-person jury, his designation and sentence as a habitual felony offender, and the imposition of $50 in investigative costs and $200 in prosecution costs.
The Court’s Holding
The Fourth District affirmed the use of a six-person jury under its existing precedent. It affirmed without comment the challenges to the standard jury instruction and habitual-felony-offender designation and sentence.
The court reversed the $50 investigative cost because neither the State nor the investigating agency had requested reimbursement. It directed the circuit court to strike that cost and held that it could not be reimposed on remand.
The court also reversed the $200 prosecution cost because the State neither requested an enhanced amount nor presented evidence of costs exceeding the $100 statutory minimum for a felony case. It directed the circuit court to reduce the prosecution cost to $100.
Key Takeaways
- Florida precedent permitted the use of a six-person jury in Laplace’s criminal trial.
- Investigative costs cannot be imposed unless requested by the State or the investigating agency.
- Prosecution costs above the statutory minimum require sufficient proof of higher costs incurred.
Why It Matters
The decision reinforces that criminal-cost awards must satisfy statutory and evidentiary requirements. A trial court cannot impose unrequested investigative costs or enhance prosecution costs beyond the statutory minimum without supporting proof.
Although Laplace obtained relief from part of the monetary assessment, the Fourth District otherwise left his convictions and sentence intact.