Baker v. State

Full title: JOHN MATTHEWS BAKER, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Nov 1, 2023

No. 4D2023-0656 (Fla. Dist. Ct. App. Nov. 1, 2023)

Opinion

4D2023-0656

11-01-2023

JOHN MATTHEWS BAKER, Appellant, v. STATE OF FLORIDA, Appellee.

Carey Haughwout, Public Defender, and Robert Porter, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case Nos. 432019CF000643A, 432019CF000833A, and 432019CF000834A.

Carey Haughwout, Public Defender, and Robert Porter, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM

John Matthews Baker ("Defendant") appeals the judgment and sentence entered after his no contest plea. Appellate counsel filed an Anders ¹ brief, after Defendant was resentenced in accordance with this Court's remand in Baker v. State, 349 So.3d 443 (Fla. 4th DCA 2022). We affirm the judgment and sentence without discussion.

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

However, we accept the State's concession of error with respect to the trial court's assessment of a $201 cost imposed pursuant to section 938.08, Florida Statutes (2019). As Defendant argues, and the State concedes, the trial court may only impose a domestic violence surcharge for a violation of specific sections under chapters 741, 784, and 794. See § 938.08, Fla. Stat (2019); Ingalls v. State, 304 So.3d 21, 22 (Fla. 4th DCA 2020). Defendant was convicted under sections 800.04 and 827.071, Florida Statutes (2019), which are not offenses listed in section 938.08. See Enrriquez v. State, 361 So.3d 872, 873 (Fla. 4th DCA 2023).

We therefore reverse the imposition of the $201 domestic violence surcharge and remand for entry of a corrected judgment striking that cost. We otherwise affirm the final judgment and sentence, including any remaining costs imposed.

Affirmed in part, reversed in part, and remanded with instructions.

GROSS, DAMOORGIAN and FORST, JJ., concur.