MALONE v. STATE (2023)

District Court of Appeal of Florida, Fifth District.

Rodney MALONE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-2831

Decided: June 16, 2023

O.H. Eaton, Jr., Assistant Regional Counsel of Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Rodney Malone, Brooksville, pro se. Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm appellant's judgment and sentence with one exception. The trial court erred in assessing the sheriff's $100.00 investigative cost under section 938.27(1), Florida Statutes (2021), because the State did not request such a cost. See Chivese v. State, 295 So. 3d 324, 325 (Fla. 5th DCA 2020) (citing Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020) (requiring specific request by State for award of investigative costs). We remand for the trial court to enter an amended judgment removing the $100.00 investigative cost. 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.

EISNAUGLE, MAKAR and KILBANE, JJ., concur.

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