JACKSON v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Ronnie JACKSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-62

Decided: March 12, 2021

Matthew J. Metz, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Ronnie Jackson, Milton, pro se. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Ronnie Jackson's judgment and sentence. However, we reverse and remand the imposition of the $200 cost ($100 x 2) for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2019). The trial court did not orally pronounce this cost at sentencing. See Rolfe v. State, 291 So. 3d 1283 (Fla. 5th DCA 2020); see also Montanez v. State, 275 So. 3d 1265, 1265–66 (Fla. 5th DCA 2019). If applicable and procedurally justified, the trial court may reimpose the cost on remand.

AFFIRMED in part; REVERSED in part; and REMANDED.

FOOTNOTES

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

HARRIS, J.

EDWARDS and TRAVER, JJ., concur.

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