RICHARD KEITH WASDEN vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 8, 2022
• Docket: 21-2649
• 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

RICHARD KEITH WASDEN,

Appellant,

v. Case No. 5D21-2649 LT Case No. 21-CF-000050-A

STATE OF FLORIDA,

Appellee.

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Opinion filed July 8, 2022

Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Matthew J. Metz, Public Defender, and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J. In this Anders1 appeal, we affirm the judgment and sentence entered

following Appellant's open plea to violating his probation with two

exceptions. First, none of the written documents from the trial court identify

the conditions of probation that Appellant was found to have

violated. Second, the trial court imposed $150 that was identified as

"Prosecution/Investigation Costs." However, the record does not reflect that

the State asked for a higher cost of prosecution or for costs of investigation.

Absent a specific request from the State, the maximum permissible cost for

a felony prosecution is $100. § 938.27(8), Fla. Stat. (2021). We therefore

affirm but remand with instructions for the trial court to enter a written order

specifying the violated conditions and to correct the order to reduce the cost

of prosecution to $100. See Berg v. State, 313 So. 3d 930 (Fla. 5th DCA

2021); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020).

AFFIRMED; REMANDED with Instructions.

EISNAUGLE and SASSO, JJ., concur.

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