COLLAKE v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Richard COLLAKE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-1453

Decided: December 21, 2023

David Maldonado, of The Maldonado Law Firm, P.A., Lakeland, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ^* case, Appellant Richard Collake appeals the judgment and sentence resulting from his open plea of no contest, whereby Collake reserved the right to appeal the trial court's denial of his three motions to suppress. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A).

We affirm the court's denial of Collake's motions. However, we reverse the $100.00 cost of investigation imposed by the trial court pursuant to section 938.27(1), Florida Statutes (2017), as the State failed to request such cost. See Richards v. State, 288 So. 3d 574 (Fla. 2020). This case is remanded for the trial court to enter an amended judgment and sentence without the cost of investigation.

In all other respects, we affirm.

Affirmed in Part and Reversed in Part.

FOOTNOTES

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

Per Curiam.

Lambert, Soud, and MacIver, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network