Opinion
5D2023-3211
08-16-2024
Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for St. Johns County, LT Case No. 2023-CF-00273 R. Lee Smith, Judge.
Matthew J. Metz, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM
We affirm Appellant's judgment and sentence, but remand for a corrected judgment striking the $100 of investigation costs because they were neither part of the plea agreement nor requested by the State. See Richards v. State, 288 So.3d 574, 577 (Fla. 2020) (holding that investigative costs may not be imposed where State fails to request such costs before judgment).
AFFIRMED and REMANDED with instructions.
MAKAR, KILBANE, and PRATT, JJ, concur