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Cooper v. State

Florida Court of Appeals, Fifth District
May 26, 2023
361 So. 3d 941 (Fla. Dist. Ct. App. 2023)

Opinion

Case No. 5D22-2230

05-26-2023

Robert Stanley COOPER, Appellant, v. STATE of Florida, Appellee.

Matthew J. Metz, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.


Matthew J. Metz, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. We affirm this Anders appeal, except regarding two matters, as to four cases in which Appellant pled open to the court. First, investigative costs of $50 payable to the Daytona Beach Shores Police Department were assessed against Appellant in three of the four cases, despite the fact that there was apparently no request for same. See Richards v. State , 288 So. 3d 574, 576 (Fla. 2020). We reverse and remand for entry of amended orders that do not include investigative costs. Second, as to Case No. 2022-304672-MM, the court failed to identify what conditions Appellant had violated that led to revocation of probation. See Hollis v. State , 277 So. 3d 1099 (Fla. 5th DCA 2019) (citing Patt v. State , 876 So. 2d 1278, 1278 (Fla. 5th DCA 2004) ). We reverse and remand for entry of an amended order identifying the condition(s) the court found Appellant violated in that case.

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

Investigative costs were not assessed in Case No. 2022-304672-MM.

We affirm as to all other matters.

AFFIRMED IN PART, REVERSED IN PART, REMANDED WITH INSTRUCTIONS.

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


Summaries of

Cooper v. State

Florida Court of Appeals, Fifth District
May 26, 2023
361 So. 3d 941 (Fla. Dist. Ct. App. 2023)
Case details for

Cooper v. State

Case Details

Full title:ROBERT STANLEY COOPER, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: May 26, 2023

Citations

361 So. 3d 941 (Fla. Dist. Ct. App. 2023)