Tyler MOOK, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· November 22, 2017 · Docket No. 4D16-2179
231 So. 3d 8
Syllabus
Tyler MOOK, Appellant, v. STATE of Florida, Appellee. No. 4D16-2179 District Court of Appeal of Florida, Fourth District. [November 22, 2017] Carey Haughwout, Public Defender, and Gary Lee Caldwell, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kimberly T,. Acuña, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (744 characters)
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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