JOHN DAMIEN OSBORNE vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 1, 2022
• Docket: 21-2080
• 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

JOHN DAMIEN OSBORNE,

Appellant,

v. Case No. 5D21-2080 LT Case No. 35-2020-MM-006354-A

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed July 1, 2022

Appeal from the County Court for Lake County, Emily Curington, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee. WOZNIAK, J.

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

sentence imposed thereon. However, because the trial court imposed a

$245 investigative cost in the absence of a request by the State for that cost,

we remand for entry of an amended costs judgment that does not include

the $245 investigative cost. See § 938.27(1), Fla. Stat. (2021); Richards v.

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

AFFIRMED and REMANDED with instructions.

EVANDER and SASSO, JJ., concur.

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