ANDREW TURPENNING
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-05-22
No. 19-2094
Mahl, J., Orfinger, J., Grosshans, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A $12 cost assessment under section 318.18, Florida Statutes, must be struck from the order for costs when the defendant was not convicted of an offense to which the cost applies.


Headnotes

[1] A cost assessment under section 318.18, Florida Statutes, may only be imposed when the defendant is convicted of an offense to which that cost applies.

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Facts & Procedural History

Andrew Turpenning appealed his conviction and sentence from the Circuit Court for Brevard County. The trial court assessed a $12 cost pursuant to sect…

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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

ANDREW TURPENNING,

Appellant,

v. Case No. 5D19-2094

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 22, 2020

Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge.

Andrew Turpenning, Milton, pro se.

James S. Purdy, Public Defender, and Robert Jackson Pearce, III, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, we affirm Andrew Turpenning’s conviction and sentence. We remand for the trial court to strike from the order for costs the $12 assessed pursuant

ORFINGER, GROSSHANS and TRAVER, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 to section 318.18, Florida Statutes (2019), because Turpenning was not convicted of an offense to which this cost applies. See Sorenson v. State, 291 So. 3d 630, 630 (Fla. 5th DCA 2020); Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019). AFFIRMED and REMANDED with directions.

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