Maleckar v. State

Full title: DAVID ANDREW MALECKAR, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Feb 4, 2022

No. 5D21-1532 (Fla. Dist. Ct. App. Feb. 4, 2022)

Opinion

5D21-1532

02-04-2022

DAVID ANDREW MALECKAR, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Betty Wyatt, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., 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 Circuit Court for Brevard County, LT Case No. 05-2019-MM-016428-A Rhonda Babb, Judge.

Matthew J. Metz, Public Defender, and Betty Wyatt, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

David Maleckar appeals his judgment and sentence for misdemeanor battery. Counsel for Maleckar filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Our review of that brief and the record on appeal has shown no error.

However, the trial court imposed a $3 cost under section 318.18(11)(b), Florida Statutes (2018), despite Maleckar not being charged with a traffic infraction. Therefore, we affirm and remand for entry of an amended costs judgment striking the $3 cost.

AFFIRMED; REMANDED with instructions.

LAMBERT, C.J., COHEN and NARDELLA, JJ., concur.