POWELL v. STATE (2019)

District Court of Appeal of Florida, First District.

Jason Robert POWELL, Appellant, v. STATE of Florida, Appellee.

No. 1D16-5740

Decided: July 15, 2019

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.

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.

Per Curiam.

Ray, C.J., and Kelsey and Winokur, JJ., concur.

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