Opinion
Case No. 5D22-1453
01-26-2024
Richard COLLAKE, Appellant, v. STATE of Florida, Appellee.
David Maldonado, of The Maldonado Law Firm, PA., Lakeland, for Appellant. Ashley Moody, Attorney General, Tallahassee, and. Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
On appeal from the Circuit Court for Volusia County. Leah R. Case, Judge. LT Case No. 2017-304236-CFDB
David Maldonado, of The Maldonado Law Firm, PA., Lakeland, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and. Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Per Curiam.
In this Anders case, Appellant Richard Collake appeals the judgment and sentence resulting from his open plea of no contest, whereby Collake reserved the right to appeal the trial court’s denial of his three motions to suppress. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A).
See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
We affirm the court’s denial of Collake’s motions. However, we reverse the $100.00 cost of investigation imposed by the trial court pursuant to section 938.27(1), Florida Statutes (2017), as the State failed to request such cost. See Richards v. State, 288 So. 3d 574 (Fla. 2020). This case is remanded for the trial court to enter an amended judgment and sentence without the cost of investigation.
In all other respects, we affirm.
Affirmed in Part and Reversed in Part.
Lambert, Soud, and MacIver, JJ., concur.