Keith Jackson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 8, 2020
Docket1D18-0147
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-0147
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KEITH JACKSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Angela M. Cox, Judge.
January 8, 2020
PER CURIAM.
This is an appeal pursuant to Anders v. California, 386 U.S.
738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), of a judgment and
sentence for second-degree murder, false imprisonment, and
possession of a firearm by a convicted felon. We affirm Appellant’s
convictions without discussion. However, the trial court erred in
imposing the $65 discretionary cost pursuant to section 939.185,
Florida Statutes, and a $50 discretionary cost pursuant to section
775.083(2), Florida Statutes, neither of which was pronounced at
sentencing, without giving Appellant notice and an opportunity to
be heard. The trial court also erred by ordering Appellant to pay
$100 in sheriff’s investigative cost pursuant to section 938.27(1),
Florida Statutes, without a request from the agency as required by
the statute.
Accordingly, we reverse the $65 discretionary cost and the $50
discretionary cost. On remand, the trial court may reimpose these
costs after providing notice to Appellant and following the proper
procedures; if the trial court decides not to reimpose the costs, it
can enter a corrected judgment and sentence striking them. We
also reverse the $100 in sheriff's investigative cost, but on remand
the trial court may not reimpose this cost because there is no
record evidence the agency requested the cost. See Mills v. State,
177 So. 3d 984 (Fla. 1st DCA 2015); DeSalvo v. State, 107 So. 3d
1185, 1187 (Fla. 1st DCA 2013).
AFFIRMED in part, REVERSED in part, and REMANDED with
directions.
WOLF, ROWE, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and David A. Henson, Assistant
Public Defender, Tallahassee, for Appellant; Keith Jackson, pro se,
Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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