TYLER MOOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2017-11-22
No. 4D16-2179
Warner, Gross and Taylor, JJ., concur.
231 So. 3d 8 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 1 case

Opinion of the Court
Per Curiam.

Per Curiam.

We affirm appellant’s conviction for attempted second degree murder. We reverse the award of costs to the state for bringing two witnesses from Tennessee to testify at appellant’s sentencing. The circuit court determined that the witnesses’ proposed testimony was inadmissible and did not permit them to testify. The award of costs was an abuse of discretion because the costs were not “reasonably and necessarily related to the prosecution of the crime for which appellant was convicted.” Diodato v. State, 150 So.3d 867, 868 (Fla. 4th DCA 2014) (quoting Leyritz v. State, 93 So.3d 1156, 1158 (Fla. 5th DCA 2012)); see also § 938.27(1), Fla. Stat. (2015).

Affirmed in part, reversed in part.'

Warner, Gross and Taylor, JJ., concur.


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