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WASDEN v. STATE (2022)

District Court of Appeal of Florida, Fifth District.2022-07-08No. Case No. 5D21-2649

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Opinion

In this Anders

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appeal, we affirm the judgment and sentence entered following Appellants open plea to violating his probation with two exceptions. First, none of the written documents from the trial court identify the conditions of probation that Appellant was found to have violated. Second, the trial court imposed $150 that was identified as Prosecution/Investigation Costs. However, the record does not reflect that the State asked for a higher cost of prosecution or for costs of investigation. Absent a specific request from the State, the maximum permissible cost for a felony prosecution is $100. § 938.27(8), Fla. Stat. (2021). We therefore affirm but remand with instructions for the trial court to enter a written order specifying the violated conditions and to correct the order to reduce the cost of prosecution to $100. See Berg v. State, 313 So. 3d 930 (Fla. 5th DCA 2021); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020). AFFIRMED; REMANDED with Instructions.

FOOTNOTES

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.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

WALLIS, J.

EISNAUGLE and SASSO, JJ., concur.