JASON ROBERT POWELL
v.
STATE OF FLORIDA
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A trial court improperly imposes a court cost under section 939.185 when the amount is not authorized by the applicable county ordinance.
[1] A court cost imposed under section 939.185, Florida Statutes, must be authorized by the applicable county ordinance; a trial court lacks authority to impose such a cost w…
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Join FLexlaw to unlock all legal intelligenceJason Robert Powell was convicted and sentenced in Nassau County Circuit Court. The trial court imposed a $65 court cost under section 939.185, Florid…
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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.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.