GRANT SAMPSON MOORE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-10-21
No. 21-1767
Florida District Court of Appeal, Fifth District (2022)

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Holding

Appellant's convictions and sentences are affirmed, but the trial court must correct the judgments by citing Brevard County's local authority (Chapter 218.2) rather than section 318.18(11)(b), Florida Statutes, for the assessment of court costs on non-traffic offenses.


Headnotes

[1] Section 318.18(11)(b), Florida Statutes, which authorizes court costs assessment, applies only to traffic offenses and does not authorize assessment of court costs in non…

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Facts & Procedural History

Grant Sampson Moore was convicted in four separate cases in Brevard County Circuit Court. In each case, the trial court assessed additional court cost…

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Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm Appellant’s judgments and sentences. However, from our review of the record, it appears that in each of his four cases, Appellant was assessed additional court costs pursuant to section 318.18(11)(b), Florida Statutes (2018), even though he was not charged with a traffic offense. That statute does not authorize the costs assessed.

Brevard County has been granted the authority to assess these particular costs (on non-traffic charges) by Chapter 87-423, 7(1)(a), Laws of Florida, as locally codified in Brevard County, Florida, Chapter 218, Article1, section 218.2 (2022). We remand these cases back to the trial court with instructions to correct the judgments to reflect citation to the proper authority for assessment of these costs.

AFFIRMED, REMANDED with instructions.

LAMBERT, C.J., EDWARDS, and HARRIS, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

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