RANDY LAVERN WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ROBERT P. SMITH, Jr., Chief Judge.
Under interrogation by the prosecutor, the law enforcement officer who gave appellant Miranda warnings improperly testified that the defendant refused to answer his questions. The timely motion for mistrial should have been granted. Clark v. State, 363 So. 2d 331 (Fla.1978). The prosecutor’s subsequent cross-examination of appellant as to whether he had previously been arrested was conceded error which will be avoided on the necessary retrial. See Harmon v. State, 394 So. 2d 121 (Fla. 1st DCA 1980). The court’s refusal to separately charge the jury on the nature and weight of circumstantial evidence was not error, considering the deletion of that charge from Florida Standard Jury Instructions in Criminal Cases (1981 ed.) and the Supreme Court’s explicit order approving that omission. In the Matter of the Use by-the Trial Courts of the Standard Jury Instructions in Criminal Cases and the Standard Jury Instructions in Misdemeanor Cases, - So. 2d -, Nos. 57,734 and 58,799 (Fla. Apr. 16, 1981) [1981 FLW 305].
REVERSED and REMANDED for a new trial.
McCORD and BOOTH, JJ., concur.
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Holt v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982)…thout merit because sufficient facts to form the basis of the hypothetical question were established later in the trial. It also was not error for the trial court to refuse to charge the jury separately on circumstantial evidence. Walker v. State, 414 So. 2d 22 (Fla. 1st DCA 1982). There was no reversible error in the imposition of costs. Jenkins v. State, 422 So. 2d 1007 (Fla. 1st DCA 1982). AFFIRMED. BOOTH and THOMPSON, JJ., concur.…
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Carlton Barnes v. State, 426 So. 2d 1274 (Fla. 1st DCA 1983)…and possession of burglary tools. We affirm in part and reverse in part. Barnes argues that the old instruction on circumstantial evidence should have been given. This instruction was found unnecessary by the Florida Supreme Court. Walker v. State, 414 So. 2d 22 (Fla. 1st DCA 1982). Because no other error in the conviction for possession of burglary tools appears, it is affirmed. Although Barnes was caught on the victim’s porch actually prying at her door, we are forced to reverse the burglary conviction.…
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Luciano Morra v. State, 467 So. 2d 742 (Fla. 3d DCA 1985)…“best evidence.” Appellant could have, but did not, request production of the evidence or indicate a desire to inspect or examine the evidence, and no claim is made that his right to cross-examine the State’s chemist was abridged. Maddox v. State, 414 So. 2d 22 (Fla. 1st DCA 1982), which was decided two months before G.E.G., affirmed a conviction even though the substance was excluded from evidence because a post-analysis chain of custody could not be satisfactorily established. It was found significant th…
Authorities Cited
- Clark v. State, 363 So. 2d 331 (Fla. 1978)
- Proctor v. Paul Kramer, M.D., 394 So. 2d 121 (Fla. 4th DCA 1980)
- Harmon v. State, 394 So. 2d 121 (Fla. 1st DCA 1980)