Florida District Courts of Appeal, 2022

JOHN DAMIEN OSBORNE vs STATE OF FLORIDA

JOHN DAMIEN OSBORNE vs STATE OF FLORIDA
Florida District Courts of Appeal · Decided July 1, 2022

JOHN DAMIEN OSBORNE vs STATE OF FLORIDA

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHN DAMIEN OSBORNE, Appellant, v. Case No. 5D21-2080 LT Case No. 35-2020-MM-006354-A STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 1, 2022 Appeal from the County Court for Lake County, Emily Curington, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

WOZNIAK, J.

In this Anders 1 appeal, we affirm Appellant’s judgment and the sentence imposed thereon. However, because the trial court imposed a $245 investigative cost in the absence of a request by the State for that cost, we remand for entry of an amended costs judgment that does not include the $245 investigative cost. See § 938.27(1), Fla. Stat. (2021); Richards v. State, 288 So. 3d 574, 576 (Fla. 2020).

AFFIRMED and REMANDED with instructions.

EVANDER and SASSO, JJ., concur.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.