David Scott Phillips v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: June 28, 2024
• Docket: 2023-2339
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2023-2339 LT Case No. 2013-CF-002096 _____________________________

DAVID SCOTT PHILLIPS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Hernando County. Stephen E. Toner, Jr., Judge.

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

June 28, 2024

PER CURIAM.

In this Anders* appeal, we affirm Phillips’s judgment and sentence imposed by the trial court following his plea. However,

*Anders v. California, 386 U.S. 738 (1967). we remand for entry of an amended cost/fees order showing the assessment of $100.00, instead of $150.00, for the cost of prosecution consistent with the trial court’s oral pronouncement.

AFFIRMED; REMANDED to correct cost of prosecution to $100.

MAKAR, WALLIS, and KILBANE, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________