Gregory C. Somers v. State of Florida

District Court of Appeal of Florida·Decided August 15, 2025·No. 5D2024-2640·Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-2640 LT Case No. 2023-100094-CFDL _____________________________

GREGORY C. SOMERS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Volusia County. Dawn D. Nichols, Judge.

Matthew J. Metz, Public Defender, and Louis A. Rossi, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

August 15, 2025

PER CURIAM.

In this Anders 1 appeal, we affirm Appellant’s judgment and sentence. However, we remand for entry of a corrected judgment striking the $100 cost of investigation as the State never requested

1 Anders v. California, 386 U.S. 738 (1967). the cost of investigation. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”).

AFFIRMED; and REMANDED with instructions.

LAMBERT, BOATWRIGHT, and MACIVER, JJ., concur.

_____________________________

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

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Related

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