Boyd v. State

JOANOS, Judge.

In this direct criminal appeal, appellant contends the trial court erred in ordering him to pay a cost of prosecution which the court ordered pursuant to section 939.01, Florida Statutes, in a separate “Order Assessing Costs and Converting to Civil Judgment.” We reverse and remand.

The trial court accepted appellant’s plea of no contest to one count of sexual battery. In exchange for the plea, the State had agreed to recommend three years of probation, withholding adjudication of guilt, and appellant had agreed to sexual abuse counseling. The written plea did not specifically…