JOHN MATTHEWS BAKER v. STATE OF FLORIDA (2023)

John Matthews Baker (“Defendant”) appeals the judgment and sentence entered after his no contest plea. Appellate counsel filed an Anders ¹ brief, after Defendant was resentenced in accordance with this Court's remand in Baker v. State, 349 So. 3d 443 (Fla. 4th DCA 2022). We affirm the judgment and sentence without discussion.

However, we accept the State's concession of error with respect to the trial court's assessment of a $201 cost imposed pursuant to section 938.08, Florida Statutes (2019). As Defendant argues, and the State concedes, the trial court may only impose a domestic violence surcharge for a violation of specific sections under chapters 741, 784, and 794. See § 938.08, Fla. Stat (2019); Ingalls v. State, 304 So. 3d 21, 22 (Fla. 4th DCA 2020). Defendant was convicted under sections 800.04 and 827.071, Florida Statutes (2019), which are not offenses listed in section 938.08. See Enrriquez v. State, 361 So. 3d 872, 873 (Fla. 4th DCA 2023).

We therefore reverse the imposition of the $201 domestic violence surcharge and remand for entry of a corrected judgment striking that cost. We otherwise affirm the final judgment and sentence, including any remaining costs imposed.

Affirmed in part, reversed in part, and remanded with instructions.

FOOTNOTES

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

Per Curiam.

Gross, Damoorgian and Forst, JJ., concur.