DEBRA WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DEBRA WILLIAMS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
427 So. 2d 331
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The final judgment of conviction and sentence under review is reversed and the cause is remanded for a new trial. First, we think the jury instruction on flight was improperly given in this case because there was insufficient evidence that the defendant fled the scene to avoid prosecution. Williams v. State, 378 So. 2d 902 (Fla. 5th DCA 1980); Barnes v. State, 348 So. 2d 599 (Fla. 4th DCA 1977). Second, we think that the state was improperly allowed to cross-examine the defendant as to matters falling within the attorney-client privilege, which error we cannot say was harmless within the context of this case. Roberts v. Jardine, 366 So. 2d 124 (Fla. 2d DCA 1979).
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lefevre v. State, 585 So. 2d 457 (Fla. 1st DCA 1991)…ly that the accused left the scene, but that the actions of the accused indicate intent to avoid detection or capture so as to be properly translated into consciousness of guilt. Payne v. State, 541 So. 2d 699 (Fla. 1st DCA 1989); Williams v. State, 427 So. 2d 331 (Fla. 3d DCA 1983); Barnes v. State, 348 So. 2d 599 (Fla. 4th DCA 1977).2 [*459] The evidence presented in the instant case does not support the jury instruction on flight. Pigg and Gina Kneller, a witness to the shooting, testified that Lefevre ran…
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Fenelon v. State, 594 So. 2d 292 (Fla. 1992)…ant was fleeing to avoid prosecution when he was stopped by highway patrol for speeding); Lefevre v. State, 585 So. 2d 457 (Fla. 1st DCA 1991) (defendant’s flight from shooting scene equally consistent with his theory of defense); Williams v. State, 427 So. 2d 331 (Fla. 3d DCA 1983) (insufficient evidence defendant fled scene to avoid prosecution); Barnes v. State, 348 So. 2d 599 (Fla. 4th DCA 1977) (no evidence defendant’s flight from scene was for purpose of avoiding detection); compare Bundy v. State, 471…
Authorities Cited
- Williams v. State, 378 So. 2d 902 (Fla. 5th DCA 1980)
- Barnes v. State, 348 So. 2d 599 (Fla. 4th DCA 1977)
- State v. Barker, 366 So. 2d 124 (Fla. 2d DCA 1979)
- Roberts v. Jardine, 366 So. 2d 124 (Fla. 2d DCA 1979)