GETZLAFF
v.
STATE OF FLORIDA
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Trial courts do not err in denying a judgment of acquittal motion in a misdemeanor battery and criminal mischief case, in imposing mandatory prosecution and criminal justice education costs without prior request, or in denying credit for time served when the defendant is no longer incarcerated.
[1] A trial court's denial of a motion for judgment of acquittal will be affirmed without further comment when the appellate court finds no error.
[2] A state attorney cost may be assessed by the court even if not explicitly requested by the State prior to assessment.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because there can be no prejudice where the ordinance exists, applies to the defendant, and lawfully imposes the fine, we affirm.”
Court's reasoning for affirming the $2 criminal justice education cost despite trial court's citation to wrong ordinance number.
Getzlaff was convicted of three counts of misdemeanor battery and one count of misdemeanor criminal mischief. The trial court imposed sentences, charg…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D2022-2952 _____________________________
JON ADRIAN GETZLAFF,
Appellant,
v. STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the County Court for Escambia County. Barry E. Dickson, Jr., Judge.
December 20, 2023 PER CURIAM.
Jon Adrian Getzlaff appeals his judgment and sentence for three counts of misdemeanor battery and one count of misdemeanor criminal mischief. Getzlaff presents to this Court four issues: (i) whether the trial court erred by denying Getzlaff’s motion for judgment of acquittal; (ii) whether the trial court erred by imposing a $50 cost for prosecution; (iii) whether the trial court erred by imposing a $2 cost for criminal justice education; and (iv) whether the trial court erred by failing to credit Getzlaff for time served.
As for the first issue, we affirm the trial court’s decision to deny Getzlaff’s motion for judgment of acquittal without further comment. Second, we affirm the trial court’s imposition of the $50
cost of prosecution. See Parks v. State, 371 So. 3d 392, 393-94 (Fla. 1st DCA 2023) (“[T]he State was not required to request the [] mandatory state attorney cost before the court assessed it.”). Third, we affirm the trial court’s imposition of the $2 cost for criminal justice education despite the trial court citing to the wrong local ordinance in their written order. See Malden v. State, 359 So. 3d 442, 443 n.1 (Fla. 1st DCA 2023) (“[Appellant] does not argue that the ordinance and its $2 fine did not apply to his case, only that the court failed to write the ordinance number in the judgment. Because there can be no prejudice where the ordinance exists, applies to the defendant, and lawfully imposes the fine, we affirm.”). Finally, because Getzlaff is no longer incarcerated, he has no use for credit that would reduce his sentence. Toomer v. State, 895 So. 2d 1256, 1257 (Fla. 1st DCA 2005). Thus, we dismiss the fourth issue on appeal as moot. Id. at 1256.
AFFIRMED in part and DISMISSED in part. ROBERTS, WINOKUR, and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Jessica J. Yeary, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Daren L. Shippy, Assistant State Attorney, Tallahassee, for Appellee.
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Citator
Cited By
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Getzlaff v. State, 359 So. 3d 442 (Fla. 1st DCA 2023)
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Bell v. State (Fla. 5th DCA 2023)
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State v. Reddick (Fla. 1st DCA 2025)
Authorities Cited
- Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005)
- Swearengin v. State (Fla. 1st DCA 2023)
- Getzlaff v. State, 359 So. 3d 442 (Fla. 1st DCA 2023)