BROWN v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

Jeffrey BROWN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D2023-1178

Decided: June 14, 2024

Matthew J. Metz, Public Defender, and Ryan M. Belanger, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

In this Anders ^* appeal, we affirm Appellant's judgment and sentences. However, we reverse and remand the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2023), as the trial court did not orally pronounce this cost at sentencing. See Jackson v. State, 313 So. 3d 221, 221 (Fla. 5th DCA 2021); Rolfe v. State, 291 So. 3d 1283, 1283 (Fla. 5th DCA 2020); Montanez v. State, 275 So. 3d 1265, 1265–66 (Fla. 5th DCA 2019). If applicable and procedurally justified, on remand, the trial court may reimpose the cost and convert the reimposed cost to a civil final judgment.

Affirmed in part; Reversed in part; and Remanded.

FOOTNOTES

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

Per Curiam.

Lambert, Boatwright, and Pratt, JJ., concur.

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