JAMES W. HOLT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MILLS, Judge.
Holt, an indigent defendant, appeals his conviction for burglary and grand theft and the trial court’s imposition of costs upon him. We affirm.
Holt contends that the trial court erred in permitting the State’s expert witness to respond to a hypothetical question which assumed facts which were not yet in evidence. This contention is without 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Colin H. Russell v. State, 521 So. 2d 379 (Fla. 1st DCA 1988)…in nature and lack adequate statements of factual support or, in the alternative, fall within the category of trial tactics and strategy. To the extent that the trial court’s order addresses these alleged errors, it is affirmed. See Lyons v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982); Pitts v. State, 421 So. 2d 791 (Fla. 1st DCA 1982); Armstrong v. State, 429 So. 2d 287 (Fla.1983); and Gulley v. State, 436 So. 2d 1042 (Fla. 1st DCA 1983). Notwithstanding our affirmance as to certain of the matters raised, w…
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Dorbad v. State, 12 So. 3d 255 (Fla. 1st DCA 2009)…ine R. Co. v. Shouse, 83 Fla. 156, 91 So. 90 (1922); N. Broward Hosp. Dist. v. Johnson By and Through Johnson, 538 So. 2d 871 (Fla. 4th DCA 1988); Young v. Pyle, 145 So. 2d 503, 504 (Fla. 1st DCA 1962). Illustrative of this point, in Holt v. State, 422 So. 2d 1018, 1019 (Fla. 1st DCA 1982), this court considered whether a trial court erred in permitting an “expert witness to respond to a hypothetical question which assumed facts which were not yet in evidence” and upheld the admission of the testimony stating…
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Puig v. State, 475 So. 2d 967 (Fla. 3d DCA 1985)…sidered the record presented and having further determined that it conclusively appears therefrom that appellant is entitled to no relief, the denial of his motion is affirmed. See Wright v. State, 447 So. 2d 961 (Fla. 1st DCA 1984); Lyons v. State, 422 So. 2d 1018 (Fla. 1st DCA 1982); State v. Russo, 415 So. 2d 108 (Fla. 3d DCA 1982). Affirmed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 422 So. 2d 1007 (Fla. 1st DCA 1982)
- Walker v. State, 414 So. 2d 22 (Fla. 1st DCA 1982)
- Maddox v. State, 414 So. 2d 22 (Fla. 1st DCA 1982)