Jason Robert Powell v. State of Florida

          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D16-5740
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JASON ROBERT POWELL,

    Appellant,

    v.

STATE OF FLORIDA,

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




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