SMITH v. STATE (2024)

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 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.

FOOTNOTES

FOOTNOTE.   Although both appellate counsel and the State represent that the court imposed the crimes against minors cost on Counts 2, 4, 5 and 11, the written judgment includes that cost on Counts 2 and 4 only.

Per Curiam.

Lewis, M.K. Thomas, and Nordby, JJ., concur.