SIMMONS III v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Harold Maddox SIMMONS, III, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-3142

Decided: March 25, 2022

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm the judgment and sentence entered following Appellant's admission to violating his probation, with one exception.

We remand with directions that the duplicate $100 cost of prosecution, $100 indigency defense cost, and $50 public defender application fee assessments, shown in the “ADDITIONAL MANDATORY COSTS” section of the corrected judgment for costs, be stricken. See, e.g., Chounard v. State, 303 So. 3d 1270, 1270–71 (Fla. 5th DCA 2020). These costs were separately and properly assessed in the “VOP FEES” section of the corrected cost judgment. Accordingly, we remand for the entry of a second corrected cost judgment that shows these cost assessments only under the “VOP FEES” section of the judgment.

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.

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

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