Jeffrey Krise v. State ( 2018 )


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  •          IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    JEFFREY KRISE,
    Appellant,
    v.                                                      Case No. 5D17-2809
    STATE OF FLORIDA,
    Appellee.
    ________________________________/
    Opinion filed April 13, 2018
    Appeal from the Circuit Court
    for Seminole County,
    Marlene M. Alva, Judge.
    James S. Purdy, Public Defender, and
    Kristen D. Dukes, Assistant Public
    Defender, Daytona Beach, for Appellant.
    Pamela Jo Bondi, Attorney General,
    Tallahassee, and Rebecca       Rock
    McGuigan, Assistant Attorney General,
    Daytona Beach, for Appellee.
    PER CURIAM.
    AFFIRMED. See State v. Reinpold, 
    824 N.W.2d 713
    , 723 (Neb. 2013) (holding
    that although the State must “make the judgment as to whether to present expert
    testimony regarding the age of actors in alleged child pornography, it is a question of fact
    for the jury to decide whether the actors in alleged child pornography are under the age
    of 18” and noting that the “State may indeed risk losing the case by not presenting expert
    testimony regarding such, but ultimately, it is for the jury to decide, with or without an
    expert’s opinion, whether the evidence exhibits child pornography”).
    LAMBERT, EDWARDS and EISNAUGLE, JJ., concur.
    2
    

Document Info

Docket Number: 5D17-2809

Filed Date: 4/9/2018

Precedential Status: Precedential

Modified Date: 4/20/2018