Gandy v. State

Full title: Jessie A. Gandy, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: May 24, 2024

No. 5D2023-3132 (Fla. Dist. Ct. App. May. 24, 2024)

Opinion

5D2023-3132

05-24-2024

Jessie A. Gandy, Appellant, v. State of Florida, Appellee.

Matthew J. Metz, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the County Court for Putnam County No. 2023-CT-1463-A . Anne Marie Gennusa, Judge.

Matthew J. Metz, Public Defender, and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant's judgment and sentence, but we remand for a corrected costs judgment striking the $50 cost of investigation because it was not part of the plea agreement, requested by the State, or orally pronounced. See Giddens v. State, 338 So.3d 424, 424 (Fla. 5th DCA 2022).

AFFIRMED and REMANDED with instructions.

MAKAR, KILBANE, and PRATT, JJ., concur.