KEITH JOHANSEN vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 6, 2023
• Docket: 21-2799
• 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

KEITH JOHANSEN,

Appellant,

v. Case No. 5D21-2799 LT Case No. 2018-CF-426

STATE OF FLORIDA,

Appellee.

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Opinion filed April 6, 2023

Appeal from the Circuit Court for Flagler County, Christopher France, Judge.

Valarie Linnen, of Valarie Linnen, Attorney at Law, Jacksonville, 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 Keith Johansen’s judgment and

sentence with one exception. The trial court erred in assessing investigative

costs under section 938.27(1), Florida Statutes (2021), in the absence of a

request from the State. 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 . . . .”). We remand for the trial court to enter an amended

judgment without including these investigative costs. See Skinkle v. State,

338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm.

AFFIRMED; REMANDED with directions.

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

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