JAMES HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES HAMPTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
426 So. 2d 1296
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Willis v. State, 208 So. 2d 458 (Fla. 1st DCA 1968).
DOWNEY and BERANEK, JJ., concur. ANSTEAD, J., concurs specially with opinion.
Concurrence
ANSTEAD, Judge,
concurring specially:
I agree with the majority that any reference by a police officer at trial to appellant’s photograph as being among those contained in a “photo album that we keep in the robbery squad” was not sufficiently egregious to mandate the granting of a mistrial. See e.g. Loftin v. State, 273 So. 2d 70 (Fla.1973); Anderson v. State, 230 So. 2d 704 (Fla.1973); Willis v. State, 208 So. 2d 458 (Fla. 1st DCA 1968). However, I must concede that our conclusion appears to conflict with the holding in Jones v. State, 194 So. 2d 24 (Fla. 3d DCA 1967) wherein that court held that a similar remark was sufficiently egregious to mandate a new trial. But see Williams v. State, 233 So. 2d 428 (Fla. 3d DCA 1970) (holding that any such error was harmless).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ross v. State, 913 So. 2d 1184 (Fla. 4th DCA 2005)…s are similar to the current charges. See Hall v. State, 400 So. 2d 102 (Fla. 1st DCA 1981) (holding it was error to admit exhibit showing defendant has previously been convicted of robbery where he was then being tried for robbery); Payne v. State, 426 So. 2d 1296, 1300 (Fla. 2d DCA 1983) (stating that the nature of the .prior marijuana smuggling conviction was prejudicial in marijuana possession and sale case). In this case, the defendant’s credibility was a critical factor. Further, in this robbery and burg…
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Dwann Green v. State, 720 So. 2d 1150 (Fla. 4th DCA 1998)…nse stipulated that he had two prior convictions for the purpose of impeachment. Green’s statement that the convictions were on appeal did not open the door to further inquiry. See Banks v. State, 655 So. 2d 1224 (Fla. 4th DCA 1995); Payne v. State, 426 So. 2d 1296 (Fla. 2d DCA 1983). Even had Green not admitted that he had two prior convictions, the only proper method of im [*1151] peachment would have been to introduce certified records of the convictions. See Kyle v. State, 650 So. 2d 127 (Fla. 4th DCA 1995…
Authorities Cited
- Loftin v. State, 273 So. 2d 70 (Fla. 1973)
- Willis v. State, 208 So. 2d 458 (Fla. 1st DCA 1968)
- Jones v. State, 194 So. 2d 24 (Fla. 3d DCA 1967)
- Anderson v. State, 230 So. 2d 704 (Fla. 2d DCA 1970)
- Williams v. State, 233 So. 2d 428 (Fla. 3d DCA 1970)