CHESTER v. STATE (2020)

In this Anders ¹ appeal, we affirm, without further discussion, the judgment and sentences imposed upon Appellant consistently with the plea agreement between the parties, with one exception.

The written final judgment for costs directed Appellant to pay $100 investigative costs under section 938.27, Florida Statutes (2018), to the Daytona Beach Police Department. These costs were not part of the written plea agreement between Appellant and the State. They were not requested by the prosecutor on behalf of the police department, nor, for that matter, were they even mentioned at the change of plea hearing. The investigative costs were simply summarily included in the written judgment.

Accordingly, we remand with directions that the court enter an amended judgment that does not include the $100 investigative costs. See Chambers v. State, 217 So. 3d 210, 214 (Fla. 4th DCA 2017). Furthermore, because the State failed to request these costs before the trial court entered the judgment against Appellant, the State's opportunity to request these costs has passed, and the trial court may not reimpose these costs on remand. See Richards v. State, 288 So.3d 574, 576–77, 2020 WL 238611, at *2 (Fla. Jan. 16, 2020) (citing § 938.27(1), Fla. Stat. (2019)).

AFFIRMED; REMANDED with directions.

FOOTNOTES

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

PER CURIAM.

ORFINGER, LAMBERT, and HARRIS, JJ., concur.