Kenneth Wayne Townsend v. State of Florida

Summary

The Fifth District Court of Appeal affirmed Kenneth Wayne Townsend’s judgment and sentence in an Anders appeal. It remanded for removal of an unrequested investigation-cost assessment and instructed the trial court to correct the sentencing scoresheet by removing a drug-trafficker enhancement that the court had declined to impose.

Holdings

1. A cost of investigation that is not mandated in a minimum amount by statute must be requested and established by the State before it may be assessed; therefore, the final order could not include the unrequested and un orally imposed $100 cost.
2. The sentencing scoresheet must be corrected to remove a drug-trafficker enhancement when the trial court expressly ruled that it would use the regular sentencing guidelines without that enhancement.

Questions Presented

1. Whether the judgment and sentence should be affirmed in an Anders appeal.
2. Whether the trial court's final order could include a $100 cost of investigation that the State did not request and the court did not orally impose.
3. Whether the sentencing scoresheet should include a drug-trafficker sentencing multiplier that the trial court expressly declined to apply.

Disposition

remanded