Opinion
5D21-3142
03-25-2022
HAROLD MADDOX SIMMONS, III, Appellant, v. STATE OF FLORIDA, Appellee.
Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
Appeal from the Circuit Court for St. Johns County, LT Case No. 2021-CF-00353 Kenneth J. Janesk, Judge.
Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders appeal, we affirm the judgment and sentence entered following Appellant's admission to violating his probation, with one exception.
Anders v. California, 386 U.S. 738 (1967).
We remand with directions that the duplicate $100 cost of prosecution, $100 indigency defense cost, and $50 public defender application fee assessments, shown in the "ADDITIONAL MANDATORY COSTS" section of the corrected judgment for costs, be stricken. See, e.g., Chounard v. State, 303 So.3d 1270, 1270-71 (Fla. 5th DCA 2020). These costs were separately and properly assessed in the "VOP FEES" section of the corrected cost judgment. Accordingly, we remand for the entry of a second corrected cost judgment that shows these cost assessments only under the "VOP FEES" section of the judgment.
AFFIRMED; REMANDED with directions.
LAMBERT, C.J., EISNAUGLE and SASSO, JJ., concur.