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RENDERED: DECEMBER 16, 2010 TO BE PUBLISHED
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2008-SC-000811-MR
ZELNARTRAVIS APPELLANT
ON APPEAL FROM JEFFERSON CIRCUIT COURT

V. HONORABLE GEOFFREY P. MORRIS, JUDGE NO. 07-CR-003360
COMMONWEALTH OF KENTUCKY APPELLEE
AND 2008-SC-000831-MR
WILLIAM DAWSON APPELLANT
ON APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE GEOFFREY P. MORRIS, JUDGE
NO. 07-CR-003360

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION OFTHE COURTBY JUSTICE NOBLE AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Appellants Zelnar Travis and William Dawson were both convicted of robbery in the first-degree, possession of a handgun by a convicted felon, possession of a defaced firearm, and being a persistent first-degree felony
offender. Theywere co-defendants and their appeals are being heard together. They appeal their robbery convictions and the related court costs and fines, as
well as their convictions as persistent felony offenders. Finding reversible error in the imposition of court costs and fines, we vacate those penalties, but finding no reversible error in the robbery or persistent felony offender instructions, we affirm their convictions and sentences.
I. Background
During the early morning hours of August 21, 2007, police received a call about a manwhowas possibly hurt in downtown Louisville. When police arrived on the scene, they realized that the individual, while not injured, had been robbed at gunpoint in a nearby housing project. The victim, Timothy Humphrey, was able to provide the officers with a detailed description of the two menwhohad robbed him. Within an hour, officers had located the Appellants near the robbery site. When the police found the two men, they noticed a loaded, semi-automatic handgun in the grass next to a porch on which they were sitting. The weapon was functional, but the serial number had been scratched off.
According to Humphrey, he waswalking to a housing project when he noticed Travis and Dawson stalking him. The two meneventually caught up with him, put himon the ground, held a gun to his head, and searched himfor valuables. Humphrey stated that the robbers took his wallet and cell phone. At the end of the confrontation, Travis and Dawson walked away and told Humphrey to leave the housing project. WhenTravis and Dawson were later apprehended by police, Humphrey identified them as the individuals who robbed him.
After a four-day trial, Travis was convicted of robbery in the first-degree, possession of a handgun by a convicted felon, possession of a defaced firearm, and being a first-degree persistent felony offender.' Travis was sentenced to 20 years on the robbery charge and 8 years on the possession of a firearm charge, with those sentences to run concurrently for a total of 20 years, enhanced to 27 years by the PFOconviction. Dawson was convicted of robbery in the first

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