ANTHONY CONLEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-04-09
No. 19-1794
Maltz, J., Lambert, J., Harris, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

A trial court errs in imposing investigative costs under Florida Statutes section 938.27(1) without a request from the State.

Headnotes

[1] Investigative costs may not be imposed under Florida Statutes section 938.27(1) absent a request from the State.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence
Key Quotes

“The trial court erred in imposing investigative costs pursuant to section 938.27(1), Florida Statutes (2018), in the absence of a request from the State.”

Court's statement of the error requiring remand
Facts & Procedural History

Anthony Conley was convicted after trial of discharging a firearm from a vehicle. The trial court imposed investigative costs as part of his sentence.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Discharging A Firearm From A Vehicle Investigative Costs Anders Appeal

Explore caselaw by topic → Browse Discharging A Firearm From A Vehicle cases and more on FLexlaw

Opinion of the Court
Traver

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

Case No. 5D19-1794 ANTHONY CONLEY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 9, 2020 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge. Anthony Conley, Milton, pro se. Oscar H. Eaton, Jr., of the Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Footnotes
2 In this Anders1 appeal, Anthony Conley challenges his conviction and sentence imposed after trial for discharging a firearm from a vehicle. Having reviewed the record, we affirm without further discussion, with one exception. The trial court erred in imposing investigative costs pursuant to section 938.27(1), Florida Statutes (2018), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 575–76 (Fla. 2020). Accordingly, we affirm Conley’s conviction and sentence, but we remand for the trial court to enter an amended judgment without including these investigative costs.2 AFFIRMED; REMANDED with directions. LAMBERT, HARRIS, and TRAVER, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967). 2 The State’s opportunity to seek these investigative costs has now passed. See Richards, 288 So. 3d at 577.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw