C.A.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
The appellant C.A.S.’s' fingerprint was found on a lamp shade in the living room of Mrs. Bloomfield’s home after it had been burglarized. Mrs. Bloomfield, who was the only prosecution witness, stated that, while C.A.S. was a good friend of her son, he had never been inside the house to her knowledge and that she had never given permission, as she required, for the son or anyone else to invite him there. Since C.A.S. did not himself take the stand and state that he had been inside the residence on another, innocent, occasion, Mrs. Bloomfield’s testimony was sufficient to create an issue for the trial court as to whether the fingerprint was made during the commission of the burglary even without her son’s testimony that he had not unauthorizedly asked the respondent inside. See Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982) and cases cited; compare, Williams v. State, 308 So. 2d 595 (Fla. 1st DCA 1975), cert, denied, 321 So. 2d 555 (Fla.1975) (fingerprint and husband’s testimony insufficient when defendant testified to his previously being in home in wife’s presence and wife did not testify).
Affirmed.
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Citator
Cited By (11 total)
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Carter v. Whitman, 516 So. 2d 83 (Fla. 3d DCA 1987)…or retaining a local attorney to file an appropriate response. It has been often held that such a scenario constitutes “excusable neglect,”1 Edwards v. City of Fort Walton Beach, 271 So. 2d 136 (Fla.1972); Kuehne & Nagle, Inc. v. Esser Int’l, Inc., 467 So. 2d 457 (Fla. 3d DCA 1985); Associated Medical Institutions, Inc. v. Imperatori, 338 So. 2d 74 (Fla. 3d DCA 1976); Plotkin v. Deatrick Leasing Co., 267 So. 2d 368 (Fla. 3d DCA 1972); Renuart-Bailey-Cheely Lumber & Supply Co. v. Hall, 264 So. 2d 84 (Fla. 3d…
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Jones v. State, 492 So. 2d 1124 (Fla. 3d DCA 1986)…red the said warehouse with intent to commit an offense therein and, by so doing, committed a third degree burglary prohibited by Section 810.02(1), (3), Florida Statutes (1983). See Toole v. State, 472 So. 2d 1174, 1175 (Fla.1985); C.A.S. v. State, 467 So. 2d 457 (Fla. 3d DCA 1985). There is, further, no evidence whatever that the defendant committed an attempted burglary. Section 777.04(1), Florida Statutes (1983), which prohibits criminal attempts, provides: “(1) Whoever attempts to commit an offense pro…
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DeRUYTER v. State, 521 So. 2d 135 (Fla. 5th DCA 1988)…lorida Aviation Academy v. Charter Air, 449 So. 2d 350 (Fla. 1st DCA 1984) (error caused by inexperienced secretary’s failure to calendar time for filing answer, contrary to established office procedure); Kuehne & Nagel, Inc. v. Esser International, 467 So. 2d 457 (Fla. 3d DCA 1985) (error caused by clerk in attorney’s office who mistakenly removed complaint and summons from attorney’s desk for filing), an attorney’s inadvertent failure to respond to a complaint without more does not constitute excusable negl…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982)
- Williams v. State, 308 So. 2d 595 (Fla. 1st DCA 1975)
- State v. In the Interest of M. D. B., 321 So. 2d 555 (Fla. 1975)
- Lanier v. Rizwan Ahmed, 321 So. 2d 555 (Fla. 1975)