CARTER v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Terry Antonio CARTER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-982

Decided: April 21, 2023

Matthew J. Metz, Public Defender, and Jane Almy, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant, Terry Antonio Carter, was charged with one count of battery and one count of false imprisonment. After his motion for judgment of acquittal was denied, the jury returned guilty verdicts as to both counts. The trial court adjudicated him guilty on both counts and imposed legal sentences. However, when it imposed $809 in costs in the order regarding community control, the trial court failed to include statutory citations for each cost, despite the legal requirement to do so. See V.D. v. State, 922 So. 2d 1037, 1038 (Fla. 5th DCA 2006) (citing Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)).

Accordingly, having considered the Anders brief and finding only the error regarding costs, we affirm the judgment and sentence, but remand for entry of an amended order of community control to include appropriate statutory citations for the authority to impose each item of cost.

AFFIRMED; REMANDED FOR ENTRY OF AMENDED ORDER.

PER CURIAM.

LAMBERT, C.J., EDWARDS and JAY, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network