# Scott Brown v. State of Florida

> District Court of Appeal of Florida · February 19, 2018 · 238 So. 3d 415

URL: https://www.frixlaw.com/law-library/cases/4246252

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** February 19, 2018
- **Citations:** 238 So. 3d 415
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4246252

## Opinion text

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________

No. 1D16-2775
_____________________________

SCOTT BROWN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.
_____________________________

On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.

February 19, 2018

PER CURIAM.

AFFIRMED.

LEWIS and WINSOR, JJ., concur; WETHERELL, J., concurs with opinion.
_____________________________

Not final until disposition of any timely and authorized
motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________

WETHERELL, J., concurring.

I concur in the decision to affirm Appellant’s judgment and
sentence for violating section 847.0138(2), Florida Statutes (2014),
because the trial court did not abuse its broad discretion in denying
the special jury instruction Appellant requested and the other issue
raised on appeal is meritless. That said, for sake of consistency and
completeness, the Supreme Court Committee on Standard Jury
Instructions in Criminal Cases might want to consider amending the
standard jury instruction for section 847.0138(2)—see Std. Jury Instr.
(Crim.) 11.21—to define the terms “prurient interest” and “morbid
interest” as is done in the instructions for other chapter 847 crimes in
which those terms are used. See Std. Jury Instr. (Crim.) 24.1 – 24.6.
Those terms are key components of the statutory definition of
“harmful to minors”—which is the crux of section 847.0138(2)—and,
even if it is not absolutely necessary to define those terms in the jury
instructions, see Russ v. State, 832 So. 2d 901, 911 (Fla. 1st DCA 2002)
(“A trial court is under no obligation to define terms in common use
and generally understood by the average person.”), there is certainly
no harm in doing so.

_____________________________

Mark V. Murray, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4246252. Public record. Not legal advice.