Ismael I. DIAZ, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.
*311 WALLACE, Judge.
In this appeal brought pursuant to Anders v. California,
In circuit court case 03-2116 (appellate case 2D03-5350) and circuit court case 03-4492 (appellate case 2D03-5351), Diaz pleaded guilty to multiple charges, including grand theft of a motor vehicle. In both cases, the trial court imposed the following costs: (1) $150 in prosecution costs, § 938.27, Fla. Stat. (2002); (2) $130 in investigative costs, § 938.27; and (3) $150 in court costs for court facilities, § 939.18(1). This appeal concerns two motions filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) directed to these costs.
In the first motion, Diaz requested the trial court to strike the prosecution costs and the investigative costs in both cases for lack of express requests, with supporting documentation, by the specific agencies that incurred the costs. The trial court correctly granted relief in case number 03-2116 by entering an amended judgment and sentence omitting the prosecution costs and investigative costs that had appeared in the original judgment and sentence. See § 938.27(1); Ortiz v. State,
Diaz timely filed a second rule 3.800(b)(2) motion requesting the trial court to strike the $150 in court costs for court facilities in both cases because the court failed to consider Diaz's financial resources. See § 939.18(1)(b). The trial court agreed that the cost should be stricken in both cases and entered a timely order granting the motion. However, there is no indication in the record that the trial court entered amended judgments and sentences in accordance with its order. We remand for this purpose. See Weinheimer v. State,
Convictions affirmed, sentences affirmed in part and reversed in part, and remanded.
FULMER and LaROSE, JJ., Concur.
