SIMPSON v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Michael Jason SIMPSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-2122

Decided: February 25, 2022

Matthew J. Metz, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Michael Jason Simpson, Orlando, pro se. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm without discussion Michael Simpson's judgments and sentences imposed following his entry of a plea. We remand for the trial court to strike the $3 cost ² imposed pursuant to section 318.18(11)(b), Florida Statutes (2019), as none of the charges to which Simpson pled were traffic offenses. See Redmon v. State, 330 So.3d 1070 (Fla. 5th DCA 2022).³

AFFIRMED; REMANDED.

I agree with the majority's disposition in all respects. However, I do not join footnote 3 of the majority opinion.

FOOTNOTES

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

2. The $3 cost was imposed per count in each of the five separate cases brought against Simpson.

3. We suspect that the imposition of this cost in non-traffic cases may indicate a processing issue that should be addressed by the Brevard County Clerk of the Court's Office if it has not already been remedied.

COHEN, J.

EISNAUGLE, J., concurs specially, with opinion, in which SASSO, J., concurs.

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