Sharp v. State

Full title: MATTHEW J. SHARP, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: May 8, 2020

293 So. 3d 639 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-1632

05-08-2020

Matthew J. SHARP, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Louis A. Rossi and Mark Alexander Williams, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

SASSO, J.

James S. Purdy, Public Defender, and Louis A. Rossi and Mark Alexander Williams, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

SASSO, J.

We affirm Matthew J. Sharp’s judgment and sentence. However, we remand for the trial court to strike the $3 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2019), as Sharp was not charged with a traffic infraction. See Sorenson v. State , 291 So.3d 630 (Fla. 5th DCA 2020).

AFFIRMED; REMANDED WITH INSTRUCTIONS.

EVANDER, C.J., and COHEN, J., concur.