KERBY CADET
v.
STATE OF FLORIDA
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A trial court must modify a cost assessment under section 938.05(1), Florida Statutes (1999) to reflect the maximum authorized amount of $200 rather than $225.
[1] A cost assessment under section 938.05(1), Florida Statutes (1999) is limited to a maximum of $200 for the Local Criminal Justice Trust Fund, and a trial court's impositi…
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Join FLexlaw to unlock all legal intelligenceKerby Cadet appealed his resentencing across three criminal cases. The trial court imposed a $225 cost requirement to the Local Criminal Justice Trust…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard I. Bober, Judge; L.T. Case Nos. 99- 23229CF10A, 00-4093CF10A and 00-4462CF10A.
Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. In this Anders appeal, we affirm appellant’s resentencing but remand for the trial court to modify one cost amount. Anders v. California, 386 U.S. 738 (1967); § 938.05(1), Fla. Stat. (1999). As pointed out by appellant’s counsel, the requirement that appellant pay $225 to the Local Criminal Justice Trust Fund must be modified to reflect an amount of $200, as authorized by section 938.05(1), Florida Statutes (1999), the applicable statute at the time of appellant’s offenses. Woods v. State, 657 So. 2d 1272 (Fla. 1st DCA 1995). Therefore, we remand with directions to reduce that assessment accordingly. We affirm the resentencing in all other respects. WARNER, CIKLIN and GERBER, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.