ROBERT STANLEY COOPER vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: May 26, 2023
• Docket: 22-2230
• 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

ROBERT STANLEY COOPER,

Appellant,

v. Case No. 5D22-2230 LT Case Nos. 2022-304672-MMDB 2022-307874-MMDB 2022-305738-MMDB 2022-305749-MMDB

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 26, 2023

Appeal from the County Court for Volusia County, Bryan A. Feigenbaum, Judge.

Matthew J. Metz, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

We affirm this Anders1 appeal, except regarding two matters, as to four

cases in which Appellant pled open to the court. First, investigative costs of

$50 payable to the Daytona Beach Shores Police Department were

assessed against Appellant in three of the four cases, despite the fact that

there was apparently no request for same. 2 See Richards v. State, 288 So.

3d 574, 576 (Fla. 2020). We reverse and remand for entry of amended

orders that do not include investigative costs. Second, as to Case No. 2022-

304672-MM, the court failed to identify what conditions Appellant had

violated that led to revocation of probation. See Hollis v. State, 277 So. 3d

1099 (Fla. 5th DCA 2019) (citing Patt v. State, 876 So. 2d 1278, 1278 (Fla.

5th DCA 2004)). We reverse and remand for entry of an amended order

identifying the condition(s) the court found Appellant violated in that case.

We affirm as to all other matters. AFFIRMED IN PART, REVERSED IN PART, REMANDED WITH INSTRUCTIONS.

LAMBERT, C.J., EDWARDS and PRATT, JJ., concur.

1 Anders v. California, 386 U.S. 738 (1967). 2 Investigative costs were not assessed in Case No. 2022-304672-MM.