CLINGER v. STATE

No. 88-12.

533 So.2d 315 (1988)

Byron CLINGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

This appeal poses the following question: When imposition of sentence upon a defendant has been stayed and withheld, and the defendant placed on probation or community control as permitted by section 948.01(3), Florida Statutes, is the defendant a "convicted person" within the meaning of section 939.01(1), Florida Statute, which provides that the "costs of prosecution ... shall be included and entered in the judgment rendered against the convicted person...

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