Giddens v. State

Full title: Franklin Guy GIDDENS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Apr 29, 2022

338 So. 3d 424 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D21-2267

04-29-2022

Franklin Guy GIDDENS, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation because it was not a part of Appellant's plea and it was not requested by the State. See § 938.27(1), Fla. Stat. (2021) ; Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

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

AFFIRMED and REMANDED with Instructions.

EISNAUGLE and HARRIS, JJ., concur.