Watson v. State

Finding no reversible error, we affirm appellant’s convictions and sentences for sexual battery with a deadly weapon, armed kidnapping, and aggravated battery. We must reverse and remand, however, certain portions of the trial court’s judgment and sentence imposing costs.

The trial court ordered appellant to pay $800 for “costs of prosecution” pursuant to section 939.01, Florida Statutes. The amount was calculated by multiplying $25 per hour by 32 hours of what the prosecutor described as “investigative and trial time.” This court has held, however, that the State may not recover attorney fees…