MICHAEL J. WAPPLER vs STATE OF FLORIDA

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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 MICHAEL J. WAPPLER, Appellant, v. Case No. 5D19-1285 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 27, 2020 Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge. Michael J. Wappler, Jasper, pro se. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Michael J. Wappler’s judgment and sentence. However, we remand for the trial court to strike the $3 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2018), as Wappler was not charged with a traffic infraction. See Sorenson v. State, 45 Fla. L. Weekly D412 (Fla. 5th DCA Feb. 21, 2020). AFFIRMED; REMANDED WITH INSTRUCTIONS. EVANDER, C.J., EISNAUGLE and SASSO, JJ., concur. 2

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