Background
Thomas Juante Burdine appealed his judgment and sentence from the County Court for Duval County. His appointed counsel pursued the appeal under Anders v. California, which applies when counsel concludes after review that an appeal presents no meritorious issue.
The written judgment imposed a $50 cost of investigation. That cost, however, had not been orally pronounced at sentencing.
The Court’s Holding
The Fifth District Court of Appeal affirmed Burdine’s judgment and sentence following its Anders review.
The court nevertheless remanded with instructions to enter a corrected judgment striking the $50 investigative cost. Relying on Rogers v. State, the court held that the cost could not remain in the written judgment because it had not been orally pronounced at sentencing.
Key Takeaways
- The court found no basis to disturb Burdine’s judgment or sentence in the Anders appeal.
- An investigative cost that was not orally pronounced at sentencing must be removed from the written judgment.
- The remand was limited to correcting the judgment by striking the $50 cost.
Why It Matters
The decision reinforces that written sentencing documents must conform to the sentence orally pronounced in court. Even when an appellate court otherwise affirms after an Anders review, it may order correction of an improperly imposed cost.