Jason Robert Powell v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 15, 2019
• Docket: 16-5740
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D16-5740 _____________________________

JASON ROBERT POWELL,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

July 15, 2019

PER CURIAM.

We find that the trial court improperly imposed a $65 court cost under section 939.185, Florida Statutes, and reverse so the trial court can amend Appellant’s judgment and sentence to reflect the applicable county ordinance authorizing the additional court cost. See Carter v. State, 173 So. 3d 1048 (Fla. 1st DCA 2015). Because we find that the trial court did not abuse its discretion in denying Appellant’s request for a jury view, in admitting photographs of the victim, or in denying Appellant’s request for a special jury instruction, we affirm the judgment.

AFFIRMED in part, REVERSED in part, and REMANDED.

RAY, C.J., and KELSEY and WINOKUR, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.

Ashley Moody, Attorney General, Virginia Harris, Assistant Attorney General, and Deborah Koenig, Assistant Attorney General, Tallahassee, for Appellee.