Weeks v. State

We affirm appellant’s conviction for DUI manslaughter and sentence of twelve years DOC incarceration, followed by three years probation. However, we reverse the trial court’s imposition of (1) prosecution costs to reimburse state attorneys’ fees, and (2) restitution without a determination of appellant’s ability to pay, and remand.

As for the former imposition, the state’s position is not persuasive. State attorneys’ fees are not recoverable as costs of prosecution under section 939.01(1), Florida Statutes (1991 & Supp.1992). See, e.g., Bell v. State, 652 So.2d 1192 (Fla. 4th DCA 1995); Smith…