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LUCK v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Tyrone LUCK, Appellant, v. STATE of Florida, Appellee.

Case No. 5D23-113

Decided: October 20, 2023

Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

In this Anders 1 appeal, we affirm Tyrone Luck's judgment and sentence. We remand, however, for the trial court to identify the statutory authority for costs imposed in his judgment and sentence. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Johnson v. State, 322 So. 3d 243 (Fla. 5th DCA 2021) (quoting Garrett v. State, 262 So. 3d 267, 267 (Fla. 5th DCA 2019)).

Affirmed and Remanded with instructions.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

Per Curiam.

Wallis, Harris, and Maciver, JJ., concur.

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LUCK v. STATE (2023)

Docket No: Case No. 5D23-113

Decided: October 20, 2023

Court: District Court of Appeal of Florida, Fifth District.

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