Osborne v. State

Full title: John Damien OSBORNE, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jul 1, 2022

342 So. 3d 292 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 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.

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED and REMANDED with instructions.

EVANDER and SASSO, JJ., concur.