HAROLD MADDOX SIMMONS, III
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-03-24
No. 21-3142
Florida District Court of Appeal, Fifth District (2022) Positive Treatment


Opinion of the Court

PER CURIAM.

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.

LAMBERT, C.J., EISNAUGLE and SASSO, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967). 2


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw