VICTOR PAUL CHOUNARD
v.
STATE OF FLORIDA
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A trial court's probation revocation judgment is affirmed, but cost assessments exceeding statutory minimums must be corrected on remand.
[1] Cost assessments in probation revocation cases must not exceed the statutory minimums of $100 for prosecution costs under section 938.27, Florida Statutes, and $100 for i…
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Join FLexlaw to unlock all legal intelligenceChounard's probation was revoked following a violation of probation trial in St. Johns County. The trial court imposed a judgment and sentence with co…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
VICTOR PAUL CHOUNARD,
Appellant,
v. Case No. 5D20-174
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 9, 2020
Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
James S. Purdy, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela
J.
Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, Victor Paul Chounard challenges the judgment and sentence imposed following the trial court’s revocation of his probation after a violation of probation trial. We affirm the judgment and sentence entered, with one exception.
2
For the same reasons explained in our recent opinion in Chivese v. State, 295 So. 3d 324, 325–26 (Fla. 5th DCA 2020), we strike the $200 cost of prosecution and the $200 indigency defense cost assessments in the amended cost judgment and remand for the entry of a second amended cost judgment that assesses the mandatory minimums of $100 for the cost of prosecution under section 938.27, Florida Statutes (2019), and $100 for indigency defense costs under section 938.29, Florida Statutes (2019).
AFFIRMED; REMANDED with directions.
EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.