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Quinby v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 31, 2020
299 So. 3d 626 (Fla. Dist. Ct. App. 2020)

Summary

remanding for the trial court to strike the cost of investigation imposed "because the State did not request it or offer evidence to support the amount"

Summary of this case from Lewis v. State

Opinion

Case No. 5D20-928

07-31-2020

Terri Ferguson QUINBY, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.


James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders appeal, we affirm Terri Ferguson Quinby's judgment and sentence. We remand for the trial court to strike from the order for costs the $100 cost of investigation for the Putnam County Sheriff's Office because the State did not request it or offer evidence to support the amount. See § 938.27(1), Fla. Stat. (2019) ; Negron v. State , 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019).

AFFIRMED and REMANDED with directions.

COHEN, LAMBERT and TRAVER, JJ., concur.

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


Summaries of

Quinby v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 31, 2020
299 So. 3d 626 (Fla. Dist. Ct. App. 2020)

remanding for the trial court to strike the cost of investigation imposed "because the State did not request it or offer evidence to support the amount"

Summary of this case from Lewis v. State
Case details for

Quinby v. State

Case Details

Full title:TERRI FERGUSON QUINBY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 31, 2020

Citations

299 So. 3d 626 (Fla. Dist. Ct. App. 2020)

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