HENSLEE v. STATE (2023)

In this Anders ¹ appeal, we have reviewed the record and brief. We found only one error. Pursuant to a plea agreement, Appellant Henslee entered a nolo contendere plea to one count of child abuse, in violation of sections 827.03(1)(b) and 827.03(2)(c), Florida Statutes (2021) (a third-degree felony); and one count of exposure of sexual organs, in violation of section 800.03, Florida Statutes (2021) (a first-degree misdemeanor).

The only error apparent on the face of the record is a $151 court cost imposed pursuant to section 938.10, Florida Statutes (2021), for the violation of section 800.03. The trial court imposed one $151 court cost under the statute for each of the two offenses to which Henslee pled. But section 938.10 authorizes the cost only for the child abuse count, not for the exposure of sexual organs count.

Accordingly, we affirm the judgment and sentence except as to the imposition of the $151 court cost imposed for the violation of section 800.03, which is stricken. We remand to the trial court for entry of an amended sentence which imposes the $151 cost as to the child abuse count, but which does not impose the same as to the violation of section 800.03.

AFFIRMED IN PART, REVERSED IN PART, REMANDED WITH INSTRUCTIONS.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

PER CURIAM.

WALLIS, EDWARDS and HARRIS, JJ., concur.