CONLEY v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Anthony CONLEY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1794

Decided: April 09, 2020

Anthony Conley, Milton, pro se. Oscar H. Eaton, Jr., of the Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, Anthony Conley challenges his conviction and sentence imposed after trial for discharging a firearm from a vehicle. Having reviewed the record, we affirm without further discussion, with one exception.

The trial court erred in imposing investigative costs pursuant to section 938.27(1), Florida Statutes (2018), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020).

Accordingly, we affirm Conley’s conviction and sentence, but we remand for the trial court to enter an amended judgment without including these investigative costs.²

AFFIRMED; REMANDED with directions.

FOOTNOTES

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

2. The State’s opportunity to seek these investigative costs has now passed. See Richards, 288 So. 3d at 577.

PER CURIAM.

LAMBERT, HARRIS, and TRAVER, JJ., concur.

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