Gibson v. State
The Fifth District affirmed Gibson's conviction for aggravated abuse of a disabled adult, rejecting his unpreserved claim that the State's closing argument improperly lowered the burden of proof by omitting the intent element when discussing great bodily harm. The court also held that the $100 cost of prosecution under section 938.27(8) is mandatory and may be imposed without a request from the State, expressly noting conflict with other district decisions on this point.
Key facts
- Gibson was charged with and convicted of aggravated abuse of a disabled adult in the trial court.
- Gibson appealed, claiming the State's closing argument improperly lowered the burden of proof by omitting discussion of the intent element when addressing great bodily harm, and that a $100 prosecution cost was imposed without a State request.
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Why it matters
This opinion is useful for practitioners litigating the recurring issue of mandatory prosecution costs under section 938.27(8), particularly given the certified conflict among Florida's district courts and the pending… — full analysis with a trial
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