Nylen v. State
Nylen v. State
Opinion of the Court
Shawn Nylen appeals his conviction and sentence for fleeing to elude a law enforcement officer. He contends that the statute making fleeing to elude a felony, § 316.1935(2), Florida Statutes (1995), is unconstitutionally vague. As Nylen himself admits, this court has addressed this issue in State v. Barnes, 686 So.2d 633 (Fla. 2d DCA 1996), and found the statute constitutional as applied to facts such as those in this case where the defendant led law enforcement officers on a chase at speeds of up to 100 m.p.h. for ten to fifteen minutes. Accordingly, we affirm Nylen’s conviction.
Nylen also contends that the trial court improperly imposed certain costs. We agree. As the State concedes, Nylen’s judgment erroneously requires payment of
Affirmed in. part, reversed in part, and remanded with directions.
. We note that the costs reflected on Nylen’s judgment total $497;' not $500 as the probation orders states. Thus, Nylen will be responsible for $118 in costs, not $121, upon the striking of the costs enumerated in this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.