HOWARD RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HARRIS, Judge.
Howard Richardson appeals his conviction and sentence for aggravated battery. He contends the trial court erred in not permitting him to cross-examine the victim about drug use prior to the day of the shooting. We disagree and affirm.
Although evidence was proffered that the victim had previously used rock cocaine, there was no direct evidence that he had used any drugs on the day of the incident or that his mind was impaired because of previous drug use. Evidence of drug use is inadmissible unless: (a) it can be shown that the witness had been using drugs at or about the time of the incident, or (b) at or about the time of the testimony, or (c) that prior drug use has affected the witness’s ability to observe, remember and recount. Edwards v. State, 548 So. 2d 656 (Fla.1989).
AFFIRMED.
DANIEL, C.J., and SHARP, W., J., concur.
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State v. Saufley, 574 So. 2d 1207 (Fla. 5th DCA 1991)…treated from the Lawler solution because it failed to persuade attorneys to avoid appellate pitfalls by insuring that they obtain appropriate orders. Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989). See also McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). Arcangeli involved the granting of defendant’s motion for summary judgment. Both Lawler and Arcangeli were civil cases. The original panel dismissed the appeal because the trial court granted a motion to suppress evidence rathe…
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Bratcher v. State, 743 So. 2d 112 (Fla. 5th DCA 1999)…at the defense witness’ mind was impaired because of drug use. Green v. State, 688 So. 2d 301, 305 (Fla.1996); Edwards v. State, 548 So. 2d 656, 658 (Fla.1989). See also Johnson v. State, 565 So. 2d 879, 880 (Fla. 5th DCA 1990); Richardson v. State, 561 So. 2d 18 (Fla. 5th DCA 1990). Finally, Bratcher contends that the lower court habitualized him because of its belief that Bratcher had lied on the stand and the habitual offender sentence was the result of this perjury. Indeed, the trial court expressly ind…
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Becton v. K & L Contractors, Inc., 573 So. 2d 428 (Fla. 5th DCA 1991)…en if the order reads “with prejudice” is merely an order granting a motion, not an order dismissing an action, and it is not appeal-able. Wetterauer v. Frontenac Flea Market, Inc., 573 So. 2d 138 (Fla. 5th DCA Jan. 10, 1991); McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). See also Johnson v. First City Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986). DISMISSED. PETERSON and GRIFFIN, JJ., concur.…
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- Derinda Edwards v. State, 548 So. 2d 656 (Fla. 1989)