CHOUNARD v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Victor Paul CHOUNARD, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-174

Decided: October 09, 2020

James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, Victor Paul Chounard challenges the judgment and sentence imposed following the trial court's revocation of his probation after a violation of probation trial. We affirm the judgment and sentence entered, with one exception.

For the same reasons explained in our recent opinion in Chivese v. State, 295 So. 3d 324, 325–26 (Fla. 5th DCA 2020), we strike the $200 cost of prosecution and the $200 indigency defense cost assessments in the amended cost judgment and remand for the entry of a second amended cost judgment that assesses the mandatory minimums of $100 for the cost of prosecution under section 938.27, Florida Statutes (2019), and $100 for indigency defense costs under section 938.29, Florida Statutes (2019).

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.

EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.

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