SMITH v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Chad Edmond SMITH, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2250

Decided: February 28, 2020

James S. Purdy, Public Defender, and Darnelle P. Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm, without further discussion, the judgment and sentence imposed upon Appellant, 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 St. Johns County Sheriff's Office. This cost was not requested by the prosecutor on behalf of this law enforcement agency, as required by section 938.27(1), nor, for that matter, was it even mentioned at the sentencing hearing. The $100 investigative costs were simply summarily included in the written judgment.

Accordingly, we reverse the imposition of the investigative costs and remand with directions that the court enter an amended judgment and sentence that strikes or deletes the investigative costs, without the State being entitled to have these costs reimposed. See Richards v. State, 288 So.3d 574, 2020 WL 238611 (Fla. Jan. 16, 2020).

AFFIRMED in part, REVERSED in part, and REMANDED with directions.

FOOTNOTES

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

PER CURIAM.

EVANDER, C.J., LAMBERT and SASSO, JJ., concur.

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