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BERG v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Delvin Ronald BERG, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-2483

Decided: March 19, 2021

Anthony M. Candela, of Candela Law Firm, P.A., Riverview, for Appellant. Delvin Ronald Berg, Palm Coast, pro se. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Delvin Berg appeals his judgment and sentence for felony criminal mischief. Counsel for Berg filed a brief pursuant to Anders v California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Berg was allowed to file a brief on his own behalf and did so. Our review of that brief and the record on appeal has shown no error.

However, despite no request by the State, the trial court improperly imposed a $100 cost of investigation for the St. Johns County Sheriff's Office. See § 938.27(1), Fla. Stat. (2019); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

We affirm and remand for entry of an amended costs judgment striking the $100 cost of investigation assessment.

AFFIRMED; REMANDED with instructions.

PER CURIAM.

COHEN, WALLIS and LAMBERT, JJ., concur.

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BERG v. STATE (2021)

Docket No: Case No. 5D19-2483

Decided: March 19, 2021

Court: District Court of Appeal of Florida, Fifth District.

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