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Conley v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 9, 2020
292 So. 3d 1270 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-1794

04-09-2020

Anthony CONLEY, Appellant, v. STATE of Florida, Appellee.

Anthony Conley, Milton, pro se. Oscar H. Eaton, Jr., of the Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.


Anthony Conley, Milton, pro se.

Oscar H. Eaton, Jr., of the Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.

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

PER CURIAM.

In this Anders appeal, Anthony Conley challenges his conviction and sentence imposed after trial for discharging a firearm from a vehicle. Having reviewed the record, we affirm without further discussion, with one exception.

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

The trial court erred in imposing investigative costs pursuant to section 938.27(1), Florida Statutes (2018), in the absence of a request from the State. See Richards v. State , 288 So. 3d 574, 575–76 (Fla. 2020).

Accordingly, we affirm Conley’s conviction and sentence, but we remand for the trial court to enter an amended judgment without including these investigative costs.

The State’s opportunity to seek these investigative costs has now passed. See Richards , 288 So. 3d at 577.
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AFFIRMED; REMANDED with directions.

LAMBERT, HARRIS, and TRAVER, JJ., concur.


Summaries of

Conley v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 9, 2020
292 So. 3d 1270 (Fla. Dist. Ct. App. 2020)
Case details for

Conley v. State

Case Details

Full title:ANTHONY CONLEY, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Apr 9, 2020

Citations

292 So. 3d 1270 (Fla. Dist. Ct. App. 2020)