Silsby v. State

Full title: SHAWN SILSBY, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Apr 17, 2020

292 So. 3d 916 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-2088

04-17-2020

Shawn SILSBY, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders ¹ case, we affirm Appellant's judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation for the Edgewater Police Department because it was not requested, and the State offered no evidence to support the amount. See § 938.27(1), Fla. Stat. (2019) ; Negron v. State , 266 So. 3d 1266, 1267 (Fla. 5th DCA 2019) ("An award of investigative costs must be supported by competent substantial evidence." (citation omitted)).

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AFFIRMED in part; REVERSED in part; and REMANDED.

LAMBERT, EISNAUGLE, and SASSO, JJ., concur.

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