James M. Talbert v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: February 14, 2025
• Docket: 5D2024-1958
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-1958 LT Case No. 2022-CF-016707-A _____________________________

JAMES M. TALBERT,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Brevard County. Tesha S. Ballou, Judge.

Matthew J. Metz, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

John M. Guard, Acting Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

February 14, 2025

PER CURIAM.

In this appeal that is proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm Appellant’s convictions and sentences. However, we remand for the trial court to strike from the order for costs the sum of $151 that it assessed against Appellant pursuant to section 938.10(1), Florida Statutes (2021). Pertinent here, this statute provides that if a person is found guilty of any offense against a minor in violation of chapter 794, Florida Statutes, the court shall impose a court cost of $151 against the offender, in addition to any other cost or penalty required by law. The allegations made by the State in the charging document, plus the evidence presented at trial for the chapter 794 violation of which Appellant was convicted, show that the victim was not a minor.

AFFIRMED; REMANDED with directions.

MAKAR, LAMBERT, and JAY, JJ., concur.

_____________________________

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