Jeffrey Krise v. State

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.