GARY F. MAYBERRY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant Gary F. Mayberry appeals his conviction for second degree murder and aggravated child abuse. He contends that it was reversible error for the trial court (a) to allow evidence of prior bad acts in which it was shown that the defendant abused his deceased son on two,occasions approximately three months prior to the son’s murder by child abuse, and (b) to deny a motion for severance of counts as the defendant was prejudiced in presenting an insanity defense. We reject both contentions and affirm the adjudications and sentences under review.
First, we are persuaded that evidence of the prior bad acts below was admissible as relevant to establish criminal intent, motive, common scheme and absence of mistake. Wooten v. State, 398 So. 2d 963 (Fla. 1st DCA), pet. for rev. dism., 407 So. 2d 1107 (Fla.1981). Second, there is no showing in this record that the failure to sever the two counts charged created, as urged, a legal or factual impediment to the proper presentation of the defendant’s insanity defense on the murder charge; moreover, the subject offenses were clearly joinable. Jacobs v. State, 396 So. 2d 713, 717 (Fla.1981).
Affirmed.
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Jackson v. State, 522 So. 2d 802 (Fla. 1988)…im. See Phillips v. State, 476 So. 2d 194 (Fla.1985) (Testimony concerning prior shooting incident at home of probation officers was relevant to prove motivation and intent in prosecution for murder of parole supervisor.) See also Mayberry v. State, 430 So. 2d 908 (Fla. 3d DCA 1982); Wooten v. State, 398 So. 2d 963 (Fla. 1st DCA), pet for review dismissed, 407 So. 2d 1107 (Fla.1981); Outler v. State, 322 So. 2d 623 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976); Summit v. State, 285 So. 2d 670 (F…
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Schwarz v. State, 695 So. 2d 452 (Fla. 4th DCA 1997)…med. PARIENTE and SHAHOOD, JJ., concur. . Although the child abuse charges were severed, this evidence was relevant to show that Andrew died as a result of an intentional act. Pausch v. State, 596 So. 2d 1216 (Fla. 2d DCA 1992); Mayberry v. State, 430 So. 2d 908 (Fla. 3d DCA 1982).…
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Warren v. State, 475 So. 2d 1027 (Fla. 1st DCA 1985)…y considered connected together as part of one on-going pattern, involving one household, the same family members, a short time frame, and the same adult, primary custodial supervisor of the children at the time of their injuries. Mayberry v. State, 430 So. 2d 908 (Fla. 3d DCA 1982); see also, Williams v. State, 409 So. 2d 253 (Fla. 4th DCA 1982), pet. for rev. den., 417 So. 2d 331 (Fla.1982) (separate drug transactions, consummated within six days, involving same participants, connected in episodic sense for…
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- Jacobs v. State, 396 So. 2d 713 (Fla. 1981)
- Wooten v. State, 398 So. 2d 963 (Fla. 1st DCA 1981)