MOBLEY v. STATE (2024)

District Court of Appeal of Florida, Fourth District.

Zandia Michele MOBLEY, Appellant, v. STATE of Florida, Appellee.

No. 4D2022-3208

Decided: April 24, 2024

Carey Haughwout, Public Defender, and Benjamin Eisenberg, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Lindsay A. Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.

Zandia Michele Mobley appeals her conviction and sentence for misdemeanor battery. We affirm without discussion on all but one issue raised on appeal. Mobley argues, and the State agrees, that the court erred when it imposed a cost of supervision in excess of the amount authorized by section 948.09(1)(b), Florida Statutes (2022), and when it indicated Mobley pled guilty to the charges. See, e.g., Paris v. State, 337 So. 3d 2, 3 (Fla. 4th DCA 2022) (“Without any accompanying oral pronouncement, the trial court was authorized to impose only a $40 monthly supervision charge.”). We agree and, on that issue, reverse. On remand, the judgment must be corrected to reflect (1) the cost of supervision is $40 per month and (2) Mobley was convicted after a jury trial.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

May, Forst and Kuntz, JJ., concur.

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