MICHAEL JASON SIMPSON
v.
STATE OF FLORIDA
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Michael Simpson appealed his convictions and sentences following his entry of pleas in multiple criminal cases. The appellate court affirmed the judgments and sentences but remanded for striking a $3 cost that was improperly imposed under a statute applicable only to traffic offenses.
The appellate court affirmed Simpson's judgments and sentences but held that the $3 cost must be struck because that statute applies only to traffic offenses and Simpson's charges were not traffic offenses.
“we affirm without discussion Michael Simpson's judgments and sentences imposed following his entry of a plea. We remand for the trial court to strike the $3 cost 2 imposed pursuant to section 318.18(11)(b), Florida Statutes (2019), as none of the charges to which Simpson pled were traffic offenses.”
Establishes the core holding that the $3 cost must be struck because the statute applies only to traffic offenses.
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Join FLexlaw to unlock all legal intelligenceSimpson entered pleas and received judgments and sentences across five separate criminal cases (2019-CF-056398-A, 2019-CF-058608-A, 2020-CF-023939-A, …
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COHEN, J.
In this Anders1 appeal, we affirm without discussion Michael Simpson’s judgments and sentences imposed following his entry of a plea. We remand for the trial court to strike the $3 cost 2 imposed pursuant to section 318.18(11)(b), Florida Statutes (2019), as none of the charges to which Simpson pled were traffic offenses. See Redmon v. State, 47 Fla.
L. Weekly
D152 (Fla. 5th DCA Jan. 7, 2022).3 AFFIRMED; REMANDED. EISNAUGLE, J., concurs specially, with opinion, in which SASSO, J., concurs. Anders v. California, 386 U.S. 738 (1967). The $3 cost was imposed per count in each of the five separate cases brought against Simpson. We suspect that the imposition of this cost in non-traffic cases may indicate a processing issue that should be addressed by the Brevard County Clerk of the Court’s Office if it has not already been remedied. Case No. 5D21-2122 LT Case Nos. 2019-CF-056398-A 2019-CF-058608-A 2020-CF-023939-A 2020-CF-013364-A 2019-CF-056407-A EISNAUGLE, J., concurring specially. I agree with the majority’s disposition in all respects.
However, I do not join footnote 3 of the majority opinion. SASSO, J., concurs.