RODNEY MALONE
v.
STATE OF FLORIDA
RODNEY MALONE
STATE OF FLORIDA
Florida District Court of Appeal, Fifth District (2023)
Positive Treatment
Per_curiam
PER CURIAM.
In this Anders1 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, 331 So. 3d 264, 265 (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. EISNAUGLE, MAKAR and KILBANE, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State (Fla. 4th DCA 2026)
- Malone v. State (Fla. 5th DCA 2023)