WOOLEY v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Troy WOOLEY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-3788

Decided: June 05, 2020

James S. Purdy, Public Defender, Steven N. Gosney and Edward J. Weiss, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm, without further discussion, the judgment and sentence imposed upon Appellant in this Anders ¹ appeal after entering his no contest plea to two new law violations. We note that the trial court imposed a $100 cost of investigation even though the State never made an oral or written request for this reimbursement nor did the State provide competent, substantial evidence to support the award of the cost. See Richards v. State, 288 So. 3d 574, 576–77 (Fla. 2020); Rogers v. State, 289 So. 3d 548, 549–50 (Fla. 5th DCA 2020); see also Negron v. State, 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019). We remand for the trial court to strike the $100 cost of investigation. See Silsby v. State, 292 So.3d 916 (Fla. 5th DCA 2020); Wheeler v. State, 292 So.3d 915 (Fla. 5th DCA 2020).

AFFIRMED and REMANDED with Instructions.

FOOTNOTES

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

PER CURIAM.

WALLIS, LAMBERT and HARRIS, JJ., concur.

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