RYAN BARRETT HENSLEE vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: May 19, 2023
• Docket: 22-2362
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

RYAN BARRETT HENSLEE,

Appellant, Case No. 5D22-2362 v. LT Case No. 2021-CF-001414-A

STATE OF FLORIDA,

Appellee.

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Opinion filed May 19, 2023

Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge.

Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

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.

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

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

WALLIS, EDWARDS and HARRIS, JJ., concur.