TAYLOR v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Marlon Vaughn TAYLOR, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3009

Decided: May 22, 2020

James S. Purdy, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Marlon Vaughn Taylor's judgment and sentence. However, we remand for the trial court to strike the $9 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2018), because Taylor was not charged with a traffic infraction. See Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019).

AFFIRMED and REMANDED with Instructions.

PER CURIAM.

COHEN, WALLIS and EISNAUGLE, JJ., concur.

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