GRANT SAMPSON MOORE vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: October 21, 2022
• Docket: 21-1767
• 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

GRANT SAMPSON MOORE,

Appellant,

v. Case No. 5D21-1767 LT Case Nos. 2020-CF-019249-A 2020-CF-022320-A 2020-CF-022750-A 2020-CF-032417-A

STATE OF FLORIDA,

Appellee.

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Opinion filed October 21, 2022

Appeal from the Circuit Court for Brevard County, David C. Koenig, Judge.

Matthew J. Metz, Public Defender, and Robert J. Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

In this Anders 1 appeal, we affirm Appellant’s judgments and

sentences. However, from our review of the record, it appears that in each of

his four cases, Appellant was assessed additional court costs pursuant to

section 318.18(11)(b), Florida Statutes (2018), even though he was not

charged with a traffic offense. That statute does not authorize the costs

assessed.

Brevard County has been granted the authority to assess these

particular costs (on non-traffic charges) by Chapter 87-423, 7(1)(a), Laws of

Florida, as locally codified in Brevard County, Florida, Chapter 218, Article 1,

section 218.2 (2022). We remand these cases back to the trial court with

instructions to correct the judgments to reflect citation to the proper authority

for assessment of these costs.

AFFIRMED, REMANDED with instructions.

LAMBERT, C.J., EDWARDS, and HARRIS, JJ., concur.

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