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TYLER MOOK v. STATE OF FLORIDA
Citation: Not availableDocket: 16-2179
Court: District Court of Appeal of Florida; November 21, 2017; Florida; State Appellate Court
Original Court Document: View Document
Tyler Mook appealed his conviction for attempted second-degree murder. The District Court of Appeal of Florida, Fourth District, affirmed the conviction but reversed the award of costs to the state related to bringing two witnesses from Tennessee for sentencing. The circuit court had deemed the witnesses' testimony inadmissible and therefore did not allow them to testify. The court found that the costs awarded were an abuse of discretion as they were not “reasonably and necessarily related to the prosecution of the crime” for which Mook was convicted, referencing relevant case law (Diodato v. State, 150 So. 3d 867, 868; Leyritz v. State, 93 So. 3d 1156, 1158) and statutory provisions (Fla. Stat. § 938.27(1) (2015)). The ruling was affirmed in part and reversed in part, with concurrence from Judges Warner, Gross, and Taylor. The decision is not final until the resolution of any timely filed motion for rehearing.