MOORE v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Grant Sampson MOORE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1767

Decided: October 21, 2022

Matthew J. Metz, Public Defender, and Robert J. Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Appellant's judgments and sentences. However, from our review of the record, it appears that in each of his four cases, Appellant was assessed additional court costs pursuant to section 318.18(11)(b), Florida Statutes (2018), even though he was not charged with a traffic offense. That statute does not authorize the costs assessed.

Brevard County has been granted the authority to assess these particular costs (on non-traffic charges) by Chapter 87-423, 7(1)(a), Laws of Florida, as locally codified in Brevard County, Florida, Chapter 218, Article 1, section 218.2 (2022). We remand these cases back to the trial court with instructions to correct the judgments to reflect citation to the proper authority for assessment of these costs.

AFFIRMED, REMANDED with instructions.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

LAMBERT, C.J., EDWARDS, and HARRIS, JJ., concur.

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