Florida District Courts of Appeal, 2013

Baity v. State

Baity v. State
Florida District Courts of Appeal · Decided April 16, 2013 · Benton, Swanson, Wolf
111 So. 3d 267; 2013 WL 1590256; 2013 Fla. App. LEXIS 5973 (Southern Reporter, Third Series)

Baity v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s convictions and sentences without discussion. However, the trial court could not impose the additional surcharge of $20 pursuant to section 938.06(1), Florida Statutes (2009), because the court struck all fines imposed on appellant when it granted his rule 3.800(b)(2) motion. Sanders v. State, 101 So.3d 373, 376-77 (Fla. 1st DCA 2012). In addition, the trial court could not enhance appellant’s second-degree felony murder conviction to a life felony under section 775.087(1), Florida Statutes (2009), because use of a firearm was an essential element of the underlying felony of attempted armed robbery with a firearm. See Traylor v. State, 785 So.2d 1179 (Fla. 2000). Accordingly, we remand with directions that the trial court strike the additional $20 surcharge and correct the written judgment and sentence to reflect appellant’s second-degree felony murder conviction was for a first-degree felony punishable by life imprisonment.

AFFIRMED and REMANDED with directions.

BENTON, C.J., WOLF and SWANSON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.