EDWARD EUGENE WHIDDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the trial court erred in failing to inquire about police reports, the error was harmless, and the flight instruction was proper.
Appellant was convicted of armed robbery and burglary. He contended the trial court erred in denying a motion for discovery of police reports and in i…
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JOANOS, Judge.
In this appeal of a judgment and sentence for armed robbery and burglary of a dwelling, appellant contends the trial court erred in denying a defense motion for discovery of police reports or an in camera inspection of the same, and in instructing the jury on flight. We affirm.
Although the trial court erred in failing to inquire whether the police reports sought to be discovered contained a substantially verbatim recital of an oral statement, this error was harmless. Black v. State, 383 So. 2d 295 (Fla. 1st DCA 1980). The briefs indicate that the defense was able to depose the officers who allegedly recorded a statement by the victim that was substantially verbatim as to the description of the robber. In addition, the defense thoroughly explored the discrepancies between the victim’s deposition and trial testimony as to her description of the robber, and the police officer testified as to the description of the robber originally given him by the victim. The discrepancies among the descriptions of the robber given by the victim were minor and the evidence of guilt was great.
The trial court did not err in giving the instruction on flight.
AFFIRMED.
MILLS and THOMPSON, JJ., concur.
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Downing v. State, 515 So. 2d 1032 (Fla. 1st DCA 1987)…ense would have had absolutely no effect on the outcome of the case. We therefore hold that the trial court’s denial of discovery of the police reports, or failure to conduct an in camera examination of the same, was harmless. See Whid-don v. State, 431 So. 2d 290 (Fla. 1st DCA 1983); Black v. State, 383 So. 2d 295 (Fla. 1st DCA 1980). Appellant, however, contends that the trial court’s denial of his motion to compel discovery should be treated as a Richardson 4 violation because of the trial court’s failure…
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E.T.M. v. State, 521 So. 2d 321 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. Whiddon v. State, 431 So. 2d 290 (Fla. 1st DCA), rev. denied, 438 So. 2d 834 (Fla.1983); Black v. State, 383 So. 2d 295, 297 (Fla. 1st DCA), rev. denied, 392 So. 2d 1371 (Fla.1980).…
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Tower v. O.J. Phillips, 979 F.2d 807 (11th Cir. 1992)…from the state courts on his direct appeal (which did not include the claims he sought to raise in his federal habeas petition), and on at least one collateral challenge. See Whiddon v. State, 516 So. 2d 264 (Fla.Dist.Ct.App.1987); Whiddon v. State, 431 So. 2d 290 (Fla.Dist.Ct.App.), petition for review denied, 438 So. 2d 834 (Fla.1983). We note that the Florida courts did not issue their final denial of relief in Whid-don’s case until November 25, 1987 — well over two years after Whiddon’s conviction became…
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