FRANKLIN GUY GIDDENS vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 29, 2022
• Docket: 21-2267
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

FRANKLIN GUY GIDDENS,

Appellant,

v. Case No. 5D21-2267 LT Case Nos. 2020-CF-000313 2019-CF-001126

STATE OF FLORIDA,

Appellee.

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Opinion filed April 29, 2022

Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge.

Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J. In this Anders1 appeal, we affirm Appellant's judgment and sentence.

However, we remand for a corrected costs judgment striking the $100 cost

of investigation because it was not a part of Appellant's plea and it was not

requested by the State. See § 938.27(1), Fla. Stat. (2021); Richards v. State,

288 So. 3d 574, 576 (Fla. 2020).

AFFIRMED and REMANDED with Instructions.

EISNAUGLE and HARRIS, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967).