Lee Forzon Baker Jr. v. State of Florida

Summary

The Florida First District Court of Appeal affirmed Lee Forzon Baker Jr.'s convictions and sentences for possession of controlled substances. The court held that the evidence created a jury question regarding constructive possession and upheld the mandatory $100 cost of prosecution under section 938.27(8), Florida Statutes, despite the State's failure to request the cost at sentencing.

Holdings

1. The evidence was sufficient to create a jury question regarding whether Baker knew the controlled substances were present in his vehicle and exercised dominion and control over them; therefore, the denials of the motions for judgment of acquittal were proper.
2. The trial court properly imposed the mandatory $100 minimum cost of prosecution under section 938.27(8), Florida Statutes, even though the State did not request the cost at sentencing.

Questions Presented

1. Whether competent, substantial evidence supported Baker's convictions for constructive possession of the controlled substances found in his vehicle.
2. Whether the trial court erred in imposing the mandatory $100 minimum cost of prosecution under section 938.27(8), Florida Statutes, when the State did not request the cost at sentencing.

Disposition

affirmed