BROOKS v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Anthony Jerome BROOKS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-1385

Decided: April 05, 2024

Gregg R. Brennan, of Law Offices of Gregg R. Brennan, P.A., Weirsdale, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Alyssa M. Williams, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Anthony Brooks's judgment and sentence. We remand, however, for the trial court to reimpose the portion of the cost of prosecution and the cost of the public defender that each exceeded $100, either upon Brooks's agreement to pay them or upon the submission of competent substantial evidence to support them. See Icon v. State, 322 So. 3d 117, 119 (Fla. 4th DCA 2021). Courts may only impose an amount higher than $100 for the cost of prosecution and the cost of the public defender “upon showing of sufficient proof of higher fees or costs incurred.” § 938.27(8), Fla. Stat. (2022).

Affirmed and Remanded with instructions.

FOOTNOTES

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

Per Curiam.

Soud, Boatwright, and Maciver, JJ., concur.

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