DENNIS v. STATE (2020)

In this Anders ¹ appeal, we affirm, without further discussion, the judgments and sentences imposed upon Appellant by the trial court in two cases below, with one exception. In case number 2016-CF-1138, we strike, without prejudice, the $200 charge for the cost of prosecution assessed under section 938.27(8), Florida Statutes (2019), and the separate $200 charge for “Indigency Defense Cost” imposed under section 938.29(1)(a), Florida Statutes (2019), against Appellant because each exceeds the $100 mandatory minimum assessments under these statutes and was imposed without notice to Appellant that the court intended to assess more than the statutory-minimum amounts. See Chivese v. State, 295 So. 3d 324, 325–26 (Fla. 5th DCA 2020).

Accordingly, we remand for the trial court either to enter an amended cost judgment that imposes the mandatory minimum $100 cost of prosecution and $100 indigency defense cost under these two statutes or, if the court intends to impose more than the $100 minimum assessments, to hold an evidentiary hearing with proper notice to Appellant that provides him with the opportunity to be heard on this issue. See id. at 326.

AFFIRMED; REMANDED with directions.

FOOTNOTES

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

PER CURIAM.

COHEN, LAMBERT, and SASSO, JJ., concur.