LAZARO L. ISAAC-RAMIREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's statements to police were admissible and the admission of photographs was proper.
The appellant was convicted of second-degree murder. He appealed, arguing that statements made to police violated his constitutional rights and that p…
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PER CURIAM.
The appellant was indicted and tried for first degree murder. He was found guilty by a jury of the lesser included offense of second degree murder. He was adjudicated guilty and sentenced to life imprisonment. Upon this appeal he urges that some of his statements to the police were obtained in violation of his constitutional privilege against self-incrimination and his right to counsel. See Harris v. State, 396 So. 2d 1180 (Fla. 4th DCA 1981). In addition, he urges error in the admission into evidence of allegedly prejudicial photographs of the victim. See §§ 90.401-.4Ó3, Fla.Stat. (1981).
We have carefully examined the record in the light of each of these contentions and find that they are completely without support therein. The law upon the point directed to the statements of the accused is fully covered by that set forth in Nettles v. State, 409 So. 2d 85 (Fla. 1st DCA), pet. for review denied, 418 So. 2d 1280 (Fla.1982).
The photographs were relevant to show the repeated stab wounds, the nature of which negated an anticipated claim of self-defense. They were therefore properly admitted into evidence to help the court and the jury in finding the truth. See Booker v. State, 397 So. 2d 910 (Fla.), cert. denied, 454 U.S. 957, 102 S.Ct. 493, 70 L.Ed.2d 261 (1981); Straight v. State, 397 So. 2d 903 (Fla), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981); Edwards v. State, 414 So. 2d 1174 (Fla. 5th DCA 1982).
Affirmed.
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Brown v. State, 532 So. 2d 1326 (Fla. 3d DCA 1988)…resented by the admission of the above-stated photograph, Booker v. State, 397 So. 2d 910, 914 (Fla.), cert. denied, 454 U.S. 957, 102 S.Ct. 493, 70 L.Ed.2d 261 (1981); see Patterson v. State, 513 So. 2d 1257, 1260 (Fla.1987); Isaac-Ramirez v. State 450 So. 2d 1236, 1237 (Fla. 3d DCA 1984), and the judgment of conviction and sentence under review is AFFIRMED.…
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Ibanez v. State, 483 So. 2d 458 (Fla. 3d DCA 1986)…[*459] PER CURIAM. Affirmed. Isaac-Ramirez v. State, 450 So. 2d 1236 (Fla. 3d DCA 1984); Johnson v. State, 449 So. 2d 921 (Fla. 1st DCA), review denied, 458 So. 2d 274 (Fla.1984); Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976).…
Authorities Cited
- Straight v. State, 397 So. 2d 903 (Fla. 1981)
- Tucker v. Zant, 454 U.S. 1022 (U.S. 1981)
- Booker v. State, 397 So. 2d 910 (Fla. 1981)
- Booker v. Florida, 454 U.S. 957 (U.S. 1981)
- Nettles v. State, 409 So. 2d 85 (Fla. 1st DCA 1982)
- Cora Lee Edwards v. State, 414 So. 2d 1174 (Fla. 5th DCA 1982)
- Harris v. State, 396 So. 2d 1180 (Fla. 4th DCA 1981)