PAUL SCAGGS vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 22, 2022
• Docket: 21-2842
• 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

PAUL SCAGGS,

Appellant,

v. Case No. 5D21-2842 LT Case Nos. 2021-101422-CFDL 2021-101306-CFDL

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed April 22, 2022

Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge.

Matthew J. Metz, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

SASSO, J. Appellant, Paul Scaggs, appeals his judgment and sentence imposed

in two cases pursuant to Anders v. California, 386 U.S. 738 (1967). We

affirm in all respects except one. Despite no request by the State, the trial

court improperly imposed a $100 cost of investigation. Accordingly, we affirm

the judgment and sentence but remand with instructions for the court to strike

the $100 cost of investigation. See Berg v. State, 313 So. 3d 930, 930 (Fla.

5th DCA 2021) (“[D]espite no request by the State, the trial court improperly

imposed a $100 cost of investigation for the St. Johns County Sheriff’s

Office.”).

AFFIRMED; REMANDED with instructions.

EISNAUGLE and TRAVER, JJ., concur.