Poole v. State

Full title: Jonathon C. POOLE, Appellant, v. STATE of Florida, Appellee.

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

Date published: Sep 3, 2021

324 So. 3d 76 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D21-189

09-03-2021

Jonathon C. POOLE, Appellant, v. STATE of Florida, Appellee.

Jonathon C. Poole, Milton, pro se. Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Jonathon C. Poole, Milton, pro se.

Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm Jonathon Poole's conviction and sentence. We remand for the trial court to strike from the order for costs the $6 assessed pursuant to section 318.18(11)(b), Florida Statutes (2019), because Poole was not convicted of an offense to which this cost applies. See Turpenning v. State , 301 So. 3d 441 (Fla. 5th DCA 2020) ; Sorenson v. State , 291 So. 3d 630, 630 (Fla. 5th DCA 2020).

1 Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED and REMANDED with directions.

EDWARDS, TRAVER and NARDELLA, JJ., concur.