Berg v. State

Full title: DELVIN RONALD BERG, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Mar 19, 2021

313 So. 3d 930 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D19-2483

03-19-2021

Delvin Ronald BERG, Appellant, v. STATE of Florida, Appellee.

Anthony M. Candela, of Candela Law Firm, P.A., Riverview, for Appellant. Delvin Ronald Berg, Palm Coast, pro se. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Anthony M. Candela, of Candela Law Firm, P.A., Riverview, for Appellant.

Delvin Ronald Berg, Palm Coast, pro se.

Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Delvin Berg appeals his judgment and sentence for felony criminal mischief. Counsel for Berg filed a brief pursuant to Anders v California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Berg was allowed to file a brief on his own behalf and did so. Our review of that brief and the record on appeal has shown no error.

However, despite no request by the State, the trial court improperly imposed a $100 cost of investigation for the St. Johns County Sheriff's Office. See § 938.27(1), Fla. Stat. (2019) ; Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

We affirm and remand for entry of an amended costs judgment striking the $100 cost of investigation assessment.

AFFIRMED; REMANDED with instructions.

COHEN, WALLIS and LAMBERT, JJ., concur.