BILLY RAYE SMITH JR
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-07-10
No. 2023-0626
Robinson, J., Lewis, J., M.K. Thomas, J., Nordby, J.
2024 FL 8217 Florida District Court of Appeal, First District (2024)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

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.


Headnotes

[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.

Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Billy Raye Smith Jr. was convicted of armed kidnapping and other offenses in Escambia County Circuit Court. The trial court imposed various costs incl…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Per_curiam
Per Curiam

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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw