Rouse-Ruzzo v. State

Full title: ANGELA ROUSE-RUZZO, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jan 15, 2021

310 So. 3d 144 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D19-3061

01-15-2021

Angela ROUSE-RUZZO, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Matthew J. Metz, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence. However, we remand for the trial court to strike the $3 cost assessed pursuant to section 318.18, Florida Statutes (2018), as Appellant was not convicted of an offense to which this fee applies. See Sorenson v. State, 291 So. 3d 630, 630 (Fla. 5th DCA 2020). On remand, the sentencing documents shall also be amended to omit any reference to drug offender probation.

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AFFIRMED; REMANDED with instructions.

EVANDER, C.J., ORFINGER and LAMBERT, JJ., concur.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).