Bryant v. State

Full title: ROBERT RAY BRYANT, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Feb 23, 2022

No. 2D20-3555 (Fla. Dist. Ct. App. Feb. 23, 2022)

Opinion

2D20-3555

02-23-2022

ROBERT RAY BRYANT, Appellant, v. STATE OF FLORIDA, Appellee.

Howard L. Dimmig, II, Public Defender, and Karen M. Kinney, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee and William C. Shelhart, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge

Appeal from the Circuit Court for Polk County; Michael P. McDaniel, Judge.

Howard L. Dimmig, II, Public Defender, and Karen M. Kinney, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee and William C. Shelhart, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge

Robert Ray Bryant appeals his conviction and sentence for sexual battery. We affirm his conviction and sentence without discussion. However, the monetary obligations order contains errors that must be corrected. Specifically, the order contains a duplicate charge of $100 for costs of prosecution and a charge of $151 for the "CAC/GAL Trust Fund (Crimes Against Minors)," a cost that does not apply in this case because the victim was not a minor. See Gonzalez v. State, 40 So.3d 60, 62 (Fla. 2d DCA 2010) (reversing a fee imposed for crimes against minors because the victim was not a minor). We remand the monetary order and direct the trial court to strike the improper charges.

Affirmed; remanded with instructions.

VILLANTI and LABRIT, JJ., Concur.

Opinion subject to revision prior to official publication.