Joshua Neal Levine v. State of Florida

2024-0017Fladistctapp4

Full text

D ISTRICT C OURT OF A PPEAL O F T HE STATE OF F LORIDA
FOURTH DISTRICT
JOSHUA NEAL LEVINE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2024-0017
[January 7, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach 	County; 	Scott 	I. 	Suskauer, 	Judge; 	L.T. 	Case 	No.
502020CF010283A.
Daniel Eisinger, Public Defender, and Timothy Wang, Assistant Public
Defender, West Palm Beach, for appellant.
James 	Uthmeier, 	Attorney 	General, 	Tallahassee, 	and 	Melynda 	L.
Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.
P ER CURIAM .
Joshua Neal Levine appeals the denial of his motion to suppress, the
denial of his motion to correct a scoresheet error, and the entry of two
orders assessing costs. We affirm the denial of Levine’s motion to suppress
without comment. 	But we remand for the circuit court to correct the
primary offense date on the scoresheet. Additionally, we reverse the circuit
court’s potentially duplicative cost orders. 	Unfortunately, it is not clear if
the costs were in fact duplicative. 	On remand, the circuit court should
clarify the costs orders and enter an order imposing costs that does not
include duplicative costs.
Affirmed in part, reversed in part, and remanded.
KUNTZ , C.J., M AY , J., and METZGER , ELIZABETH, Associate Judge, concur.
* 	* 	*
Not final until disposition of timely-filed motion for rehearing.

OCR transcription; preserved printed pages are authoritative

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

JOSHUA NEAL LEVINE,
Appellant,

Vv.

STATE OF FLORIDA,
Appellee.

No. 4D2024-0017
[January 7, 2026]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Scott I. Suskauer, Judge; L.T. Case No.
502020CF010283A.

Daniel Eisinger, Public Defender, and Timothy Wang, Assistant Public
Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Melynda L.
Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Joshua Neal Levine appeals the denial of his motion to suppress, the
denial of his motion to correct a scoresheet error, and the entry of two
orders assessing costs. We affirm the denial of Levine’s motion to suppress
without comment. But we remand for the circuit court to correct the
primary offense date on the scoresheet. Additionally, we reverse the circuit
court’s potentially duplicative cost orders. Unfortunately, it is not clear if
the costs were in fact duplicative. On remand, the circuit court should
clarify the costs orders and enter an order imposing costs that does not
include duplicative costs.

Affirmed in part, reversed in part, and remanded.
KUNTZ, C.J., MAY, J.. and METZGER, ELIZABETH, Associate Judge, concur.

* * *

Not final until disposition of timely-filed motion for rehearing.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.