ROLFE v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Jason Guy ROLFE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1151

Decided: March 27, 2020

Benjamin Davis and Oscar Hardin Eaton, Jr., of the Office of Regional Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders 1 appeal, we affirm Jason Guy Rolfe’s judgment and sentence in all but one respect. We reverse and remand the imposition of the $100 cost for the FDLE Operating Trust Fund. See § 938.055, Fla. Stat. (2019). The trial court did not orally pronounce this cost at sentencing. See Montanez v. State, 275 So. 3d 1265, 1265 (Fla. 5th DCA 2019) (citing Cain v. State, 197 So. 3d 1096, 1096 (Fla. 1st DCA 2016)). If applicable and procedurally justified, the trial court may reimpose it on remand.

AFFIRMED in part; REVERSED in part; and REMANDED.

FOOTNOTES

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

PER CURIAM.

COHEN, EDWARDS and TRAVER, JJ., concur.

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