BILLY RAYE SMITH JR
v.
STATE OF FLORIDA
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Convictions and sentences are affirmed, but the trial court erred in imposing domestic violence trust fund, rape crisis fund, and crimes against minors costs that are not authorized for the offenses of conviction.
[1] Domestic violence trust fund and rape crisis fund costs are not authorized for the crime of armed kidnapping under Florida statutes.
[2] A crimes against minors cost cannot be imposed when the victim was not a minor.
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Join FLexlaw to unlock all legal intelligenceBilly Raye Smith Jr. was convicted of armed kidnapping and other offenses in Escambia County Circuit Court. The trial court imposed various costs incl…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-0626 _____________________________
BILLY RAYE SMITH JR,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge.
July 10, 2024
PER CURIAM.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Appellant’s convictions and sentences. However, we reverse the imposition of the following costs. As appellate counsel points out, and as the State concedes, the trial court erred in imposing a $201 domestic violence trust fund cost and a $151 rape crisis fund cost on count 4, the armed kidnapping offense, because neither of those costs are authorized for that crime. See §§ 938.08, 938.085, 787.01(1)(a), Fla. Stat. As the State also concedes, the trial court erred in imposing a $151 crimes against minors cost because the victim was not a minor.∗ See
∗ Although both appellate counsel and the State represent that the court imposed the crimes against minors cost on Counts 2, 4, 5
2 Bryant v. State, 335 So. 3d 754, 754 (Fla. 2d DCA 2022) (reversing the crimes against minors cost because the victim was not a minor). AFFIRMED in part, REVERSED in part, and REMANDED. LEWIS, M.K. THOMAS, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jessica J. Yeary, Public Defender, and Kathleen Pafford, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.
and 11, the written judgment includes that cost on Counts 2 and 4 only.
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