Osborne v. State

Full title: JOHN DAMIEN OSBORNE, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jul 1, 2022

No. 5D21-2080 (Fla. Dist. Ct. App. Jul. 1, 2022)

Opinion

5D21-2080

07-01-2022

JOHN DAMIEN OSBORNE, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

WOZNIAK, J.

Appeal from the County Court for Lake County, LT Case No. 35-2020-MM-006354-A, Emily Curington, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

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

WOZNIAK, J.

In this Anders ¹ appeal, we affirm Appellant's judgment and the sentence imposed thereon. However, because the trial court imposed a $245 investigative cost in the absence of a request by the State for that cost, we remand for entry of an amended costs judgment that does not include the $245 investigative cost. 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 (1967).

AFFIRMED and REMANDED with instructions.

EVANDER and SASSO, JJ, concur.