Phillips v. State

Full title: David Scott Phillips, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jun 28, 2024

No. 5D2023-2339 (Fla. Dist. Ct. App. Jun. 28, 2024)

Opinion

5D2023-2339

06-28-2024

David Scott Phillips, Appellant, v. State of Florida, Appellee.

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Hernando County. Stephen E. Toner, Jr., Judge. LT Case No. 2013-CF-002096

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders^[*] appeal, we affirm Phillips's judgment and sentence imposed by the trial court following his plea. However, we remand for entry of an amended cost/fees order showing the assessment of $100.00, instead of $150.00, for the cost of prosecution consistent with the trial court's oral pronouncement.

AFFIRMED; REMANDED to correct cost of prosecution to $100.

MAKAR, WALLIS, and KILBANE, JJ., concur.

[*]Anders v. California, 386 U.S. 738 (1967).