MICHAEL WHEELER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-04-17
No. 19-2694
Maltz, J., Evander, C.J., Cohen, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

The trial court's judgment and sentence are affirmed except that the $100 cost of investigation must be struck.


Headnotes

[1] A trial court may not impose a cost of investigation as part of a criminal sentence.

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Key Quotes

“The trial court is directed to strike the $100 cost of investigation imposed upon Appellant. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020).”

Court's directive regarding the cost of investigation

Facts & Procedural History

Michael Wheeler was convicted and sentenced in St. Johns County Circuit Court. The trial court imposed a $100 cost of investigation as part of the sen…

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Opinion of the Court
Evander

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

MICHAEL WHEELER,

Appellant,

v. Case No. 5D19-2694

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April 17, 2020

Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

O.H.

Eaton, Jr., Assistant Regional Counsel, Office of Criminal Conflict & Civil Regional Counsel, Fifth District, Casselberry, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee

PER CURIAM.

In this Anders1 appeal, we affirm, without further discussion, the judgment and sentence imposed upon Appellant with one exception. The trial court is directed to strike the $100 cost of investigation imposed upon Appellant. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020).

EVANDER, C.J., COHEN and EISNAUGLE, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 AFFIRMED. REMANDED to Strike Cost of Investigation.

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