FRANKLIN GUY GIDDENS
v.
STATE OF FLORIDA
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.
A trial court may not impose a cost of investigation that was not part of the plea agreement and was not requested by the State.
[1] A cost of investigation may not be imposed unless it was part of the plea agreement or was requested by 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 intelligenceFranklin Guy Giddens appealed his judgment and sentence in two criminal cases. The trial court imposed a $100 cost of investigation as part of the cos…
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.
Explore caselaw by topic → Browse Anders Appeal cases and more on FLexlaw
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
FRANKLIN GUY GIDDENS, Appellant, v. Case No. 5D21-2267 LT Case Nos. 2020-CF-000313 2019-CF-001126 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 29, 2022 Appeal from the Circuit Court for Flagler County, Terence R. Perkins, Judge. Matthew J. Metz, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.
WALLIS, J.
2 In this Anders1 appeal, we affirm Appellant's judgment and sentence. However, we remand for a corrected costs judgment striking the $100 cost of investigation because it was not a part of Appellant's plea and it was not requested by the State. See § 938.27(1), Fla. Stat. (2021); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020). AFFIRMED and REMANDED with Instructions. EISNAUGLE and HARRIS, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Richards v. State, 288 So. 3d 574 (Fla. 2020)