Innocenti v. State

Full title: DAVID BLAINE INNOCENTI, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Dec 10, 2021

No. 5D21-915 (Fla. Dist. Ct. App. Dec. 10, 2021)

Opinion

5D21-915

12-10-2021

DAVID BLAINE INNOCENTI, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the County Court for the County of Brevard LT Case No. 05-2020-MM-040148-A, Thomas J. Brown, Judge.

Matthew J. Metz, Public Defender, and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence. However, we remand for the trial court to strike the $3 cost assessed pursuant to section 318.18, Florida Statutes (2020), as Appellant was not convicted of an offense to which this fee applies. See Sorenson v. State, 291 So.3d 630, 630 (Fla. 5th DCA 2020).

1 Anders v. California, 386 U.S. 738 (1967).

AFFIRMED.

EVANDER, SASSO and NARDELLA, JJ., concur.