MARIO MOLINA MOZQUEDA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-04-18
No. 88-2159
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
541 So. 2d 777 Florida District Court of Appeal, Third District (1989) Negative Treatment
Cited by 14 cases
Topics
Self Defense

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Rejecting the defendant’s points on appeal from his criminal convictions, we conclude that the trial judge properly admitted evidence, in support of the defendant’s claim of self-defense, of the victim’s reputation for violence, Quintana v. State, 452 So. 2d 98 (Fla. 1st DCA 1984); § 90.405(1), Fla.Stat. (1987), and of particular acts of violence which were known to the defendant, Sanchez v. State, 445 So. 2d 1 (Fla. 3d DCA 1984); Smith v. State, 410 So. 2d 579 (Fla. 4th DCA 1982), review denied, 419 So. 2d 1200 (Fla.1982), and properly excluded evidence which did not meet these qualifications. Sanchez, 445 So. 2d at 1; Smith, 410 So. 2d at 579.

We do find error in the duplicitous convictions for attempted first degree murder and possession of a firearm in the commission of that same crime. Tundidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989). The latter conviction is vacated.

Affirmed as modified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lozano v. State, 584 So. 2d 19 (Fla. 3d DCA 1991)
    …part of the defendant. Taylor v. State, 513 So. 2d 1371 (Fla. 2d DCA 1987). However, evidence of prior arrests and bad acts is not admissible where, as here, a defendant has no knowledge of the matters sought to be introduced. See Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Taylor v. State, 513 So. 2d at 1372; see also Sanchez v. State, 445 So. 2d 1 (Fla. 3d DCA 1984). We find no error because we find no relevance between Blanchard’s possession of marijuana and Lozano’s apprehension or compulsion t…
  • Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989)
    …ative of the double jeopardy provisions of the state and federal constitutions because he has also been charged and convicted of first degree murder with a firearm for the same offense. Carawan v. State, 515 So. 2d 161 (Fla.1987); Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Tunidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988); contra Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989). We find…
  • Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)
    …a. 3d DCA 1989); Holsey v. State, 544 So. 2d 342 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So. 2d 386 (Fla. 2d DCA 1989); Morales v. State, 541 So. 2d 1289 (Fla. 3d DCA 1989); Anderson v. State, 541 So. 2d 797 (Fla. 3d DCA 1989); Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Ahlberg v. State, 541 So. 2d 775 (Fla. 3d DCA 1989); Dowding v. State, 541 So. 2d 771 (Fla. 3d DCA 1989); Barnes v. State, 541 So. 2d 166 (Fla. 3d DCA 1989); Tundidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989); Bouie v. [*760] S…

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