Florida District Courts of Appeal, 2023

KEITH JOHANSEN vs STATE OF FLORIDA

KEITH JOHANSEN vs STATE OF FLORIDA
Florida District Courts of Appeal · Decided April 6, 2023

KEITH JOHANSEN 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

KEITH JOHANSEN, Appellant, v. Case No. 5D21-2799 LT Case No. 2018-CF-426 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 6, 2023 Appeal from the Circuit Court for Flagler County, Christopher France, Judge.

Valarie Linnen, of Valarie Linnen, Attorney at Law, Jacksonville, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders 1 appeal, we affirm Keith Johansen’s judgment and sentence with one exception. The trial court erred in assessing investigative costs under section 938.27(1), Florida Statutes (2021), in the absence of a request from the State. See Richards v. State, 288 So. 3d 574, 577 (Fla. 2020) (“[T]he State must request investigative costs to make a defendant liable for those costs . . . .”). We remand for the trial court to enter an amended judgment without including these investigative costs. See Skinkle v. State, 338 So. 3d 1099, 1100 (Fla. 5th DCA 2022). In all other respects, we affirm.

AFFIRMED; REMANDED with directions.

LAMBERT, C.J., WALLIS and HARRIS, JJ., concur.

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

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