Krise v. State, 240 So. 3d 896 (2018)

April 13, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D17–2809

240 So. 3d 896

Jeffrey KRISE, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D17-2809

District Court of Appeal of Florida, Fifth District.

Opinion filed April 13, 2018

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 , 284 Neb. 950, 824 N.W.2d 713, 723 (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.