JOHANSEN v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Keith JOHANSEN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-2799

Decided: April 06, 2023

Valarie Linnen, of Valarie Linnen, Attorney at Law, Jacksonville, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Keith Johansen's judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs ․”). We remand for the trial court to enter an amended judgment without including these investigative costs. See Skinkle v. State, 338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm.

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., WALLIS and HARRIS, JJ., concur.

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