ONOFRE LUIS URBAY, APPELLANT/CROSS-APPELLEE,
v.
THE STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that impeachment with prior sworn statements was permissible and that the mandatory fine must be imposed. The conviction and sentence are affirmed, but the cause is remanded for imposition of the fine.
The defendant was convicted of trafficking in cocaine and sentenced to fifteen years. The State cross-appealed the trial court's refusal to impose a m…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandatory Fine cases and more on FLexlaw
PER CURIAM.
This appeal is taken from a conviction and a fifteen-year minimum mandatory sentence for trafficking in cocaine. The State cross-appeals the trial court’s refusal to impose the $250,000 mandatory fine required by section 893.135(l)(d)(3), Florida Statutes (1987).
On the defendant’s main point, we hold that the attempted impeachment by reference to prior inconsistent statements given in a pretrial sworn motion to dismiss was permissible. State v. Palmore, 510 So. 2d 1152 (Fla. 3d DCA 1987). The leading question on cross-examination, that the defendant had no personal knowledge of the matters sworn to in the affidavit, did not constitute reversible error as a prejudicial disparagement of the defendant’s attorney. The alleged error caused no substantial harm and was cured by the court’s instruction ordering the jury to ignore the remark. Breedlove v. State, 413 So. 2d 1 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982).
Contrary to the court’s expressed belief, the mandatory fine has not been declared unconstitutional. Failure to impose the fine requires reversal. State v. Thompson, 542 So. 2d 1049 (Fla. 3d DCA 1989).
The conviction and sentence to a number of years is affirmed; the refusal or failure to impose the mandatory fine is reversed, and the cause is remanded with instructions to impose the fine.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Tison v. Arizona (two cases), 459 U.S. 882 (U.S. 1982)
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
- McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
- State v. Rickie Lee Palmore, 510 So. 2d 1152 (Fla. 3d DCA 1987)
- Thompson v. State, 542 So. 2d 1049 (Fla. 3d DCA 1989)