ALBERTO CARABALLOSO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1989-10-18
No. 89-0410
GLICKSTEIN and WARNER, JJ., concur., ANSTEAD, J., dissents with opinion.
550 So. 2d 527 Florida District Court of Appeal, Fourth District (1989) Caution
Cited by 29 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm except for the imposition of costs, which we reverse. The trial court, on remand, is free to proceed pursuant to Jenkins v. State, 444 So. 2d 947 (Fla.1984), if the state wishes to pursue the imposition of costs.

GLICKSTEIN and WARNER, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting.

I believe the trial court erred in allowing into evidence a copy of a federal indictment alleging the appellant’s involvement in another crime, and the admission of this evidence was not harmless.


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  • Chamberlain v. State, 881 So. 2d 1087 (Fla. 2004)
    …ginal, but only a replica or a facsimile. Id. (quoting Alston v. Shiver, 105 So. 2d 785, 791 (Fla.1958)). “The determination as to whether to allow the use of a demonstrative exhibit is a matter within the trial court’s discretion.” Brown v. State, 550 So. 2d 527, 528 (Fla. 1st DCA 1989); see also Heath v. State, 648 So. 2d 660, 664 (Fla.1994) (stating that trial court has broad discretion to determine relevance of evidence). We conclude that the trial court did not abuse its discretion in allowing the demo…
  • Nardone v. State, 798 So. 2d 870 (Fla. 4th DCA 2001)
    …s to his face. Appellant argues that, in contrast to the prosecutor’s demonstration, the evidence did not show that appellant stood over Travis while holding the aluminum strip at its end and forcefully striking it like a hammer. See Brown v. State, 550 So. 2d 527 (Fla. 1st DCA 1989), rev. denied, 560 So. 2d 232 (Fla.1990)(to be admissible, demonstrative evidence must be accurate). In addition, appellant argues that the prosecutor’s conduct in repeatedly striking the table with the aluminum strip with such f…
  • Harris v. State, 843 So. 2d 856 (Fla. 2003)
    …rial court instructed the jury on the replica and its display was relatively short.6 The replica was the same size as the component exhibits and was a reasonably exact reproduction of the assembled weapon in Williams’ photograph. See Brown v. State, 550 So. 2d 527, 528 (Fla. 1st DCA 1989) (“The demonstrative exhibits which the state used during the victim’s testimony ... in order to depict the knife before it was broken and the extent of the victim’s stab wounds, were sufficiently accurate replicas to be allo…

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