TERRY ANTONIO CARTER vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 21, 2023
• Docket: 22-0982
• 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

TERRY ANTONIO CARTER,

Appellant, Case No. 5D22-982 v. LT Case No. 2021-CF-00239

STATE OF FLORIDA,

Appellee.

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Opinion filed April 21, 2023

Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge.

Matthew J. Metz, Public Defender, and Jane Almy, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. Appellant, Terry Antonio Carter, was charged with one count of battery

and one count of false imprisonment. After his motion for judgment of

acquittal was denied, the jury returned guilty verdicts as to both counts. The

trial court adjudicated him guilty on both counts and imposed legal

sentences. However, when it imposed $809 in costs in the order regarding

community control, the trial court failed to include statutory citations for each

cost, despite the legal requirement to do so. See V.D. v. State, 922 So. 2d

1037, 1038 (Fla. 5th DCA 2006) (citing Miller v. State, 912 So. 2d 1282 (Fla.

2d DCA 2005)).

Accordingly, having considered the Anders brief and finding only the

error regarding costs, we affirm the judgment and sentence, but remand for

entry of an amended order of community control to include appropriate

statutory citations for the authority to impose each item of cost.

AFFIRMED; REMANDED FOR ENTRY OF AMENDED ORDER.

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