TYRONE LLOYD BRAZELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-10-05
No. 87-3366
ANSTEAD, LETTS and WALDEN, JJ., concur.
532 So. 2d 50 Florida District Court of Appeal, Fourth District (1988) Negative Treatment
Cited by 26 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction of sale of cocaine but reverse his separaté conviction for possession of the same cocaine. See Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988).

We reject appellant’s claim of error in the trial court’s exclusion of a witness called by the appellant whose name had not been furnished in discovery. However, in doing so, we certify the same issue of great public importance certified in Nava v. State, 450 So. 2d 606 (Fla 4th DCA 1984), cause dismissed, 508 So. 2d 14 (Fla.1987):

Is a defendant who fails to proffer or otherwise establish on the record the nature of the testimony of a witness, whose identity has not properly been disclosed to the state, foreclosed from asserting the exclusion of such witness’ testimony as error on appeal?

ANSTEAD, LETTS and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (24 total)

  • Brazell v. State, 570 So. 2d 919 (Fla. 1990)
    …[*920] GRIMES, Justice. We review Brazell v. State, 532 So. 2d 50 (Fla. 4th DCA 1988), which certified the following question of great public importance: Is a defendant who fails to proffer or otherwise establish on the record the nature of the testimony of a witness, whose identity has not properly been disclose…
  • State v. Herrin, 555 So. 2d 1288 (Fla. 2d DCA 1990)
    …t the time that he committed the crime as to impair his judgment, but without rising to the level of incompetence or insanity, that factor may support a mitigation of the sentence.* This approach finds support in this court’s case of Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988), where it was observed: The court found that Smith’s acts were motivated by “an extreme emotional condition.” The state suggests that his conduct was carefully devised with full awareness of the possible consequences and that his…
    1 / 2
  • State v. Slaughter, 574 So. 2d 218 (Fla. 1st DCA 1991)
    …on 838.021 indicates that, contrary to the trial court’s view, the statute properly relates the proscribed threats to public servants to an intent to influence or affect the performance of the public servant’s duties. See, generally, Smith v. State, 532 So. 2d 50, 52 (Fla. 2d DCA 1988). Although the manner in which the statute is phrased and punctuated impairs its clarity, legislative intent can be gleaned from a reading of the statute as a whole, particularly by considering subsection (1) together with sub…

Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw