¶1Affirmed, except that we reverse the award under section 939.01, Florida Statutes (1991), of attorney’s fees to the state. Smith v. State, 606 So.2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So.2d 211 (Fla.1993); see also Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993).
¶2AFFIRMED IN PART; REVERSED IN PART; REMANDED.