BILLY JOE WYNN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Billy Joe Wynn appeals his convictions for armed burglary, grand theft, and grand theft of a firearm, challenging the trial court's admission of evidence that he used aliases, including his real name Danny Russell Redden. The appellate court affirmed, finding the evidence admissible and relevant to establish the defendant's identity through fingerprint evidence.
The trial court did not err. The defendant forfeited his right to complain about admission of his real name by failing to object to being charged under an alias. Additionally, the evidence was relevant to establish that the fingerprint card bearing the name Danny Russell Redden identified the defendant, and any error regarding other aliases was waived when the defendant failed to object to the admission of the fingerprint card.
[1] A defendant who does not object to being charged under an alias and does not request amendment of the information cannot complain about the admission of evidence revealin…
[2] Evidence of a defendant's true name is admissible to authenticate fingerprint evidence linking the defendant to a crime scene.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the defendant, in our view, is in no position to complain about the admission in evidence of his real name, Danny Russell Redden”
Establishes that the defendant waived objection to his real name by failing to object to being charged under an alias.
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Join FLexlaw to unlock all legal intelligenceBilly Joe Wynn was charged under an alias in the information, though his real name was Danny Russell Redden. The defendant did not object to being cha…
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PER CURIAM.
This is an appeal by the defendant Billy Joe Wynn from final judgments of conviction and sentences for (1) armed burglary of a dwelling, (2) grand theft, and (3) grand theft of a firearm. The defendant’s sole point on appeal is that the trial court erred in (1) denying his pretrial motion in limine in which he sought to preclude the state from introducing in evidence any proofs that the defendant had used aliases in the past, including the name Danny Russell Redden, and (2) in admitting in evidence at trial that the defendant used the name Danny Russell Redden and other names as well. We affirm.
It is undisputed that Billy Joe Wynn — the name under which the defendant was charged in the information below —was, in fact, an alias and that Danny Russell Redden was the defendant’s real name. The defendant, however, did not object to being charged under an alias and at no time requested that the information be amended to reflect his correct name. See Fla.R.Crim.P. 3.140(j). This being so, the defendant, in our view, is in no position to complain about the admission in evidence of his real name, Danny Russell Redden.
Moreover, the admission of this evidence was relevant, in any event, to establish that the name Danny Russell Redden, which appeared on the defendant’s fingerprint card subsequently admitted in evidence without objection was, in fact, the defendant, although charged as Billy Joe Wynn; the fingerprint card was used by the state to establish that the latent fingerprints lifted from the burglary scene in this case matched the fingerprints on the defendant’s fingerprint card. Parker v. State, 456 So. 2d 436, 442-43 (Fla.1984); Smith v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990).
Finally, any error in the admission in evidence of other aliases used by the defendant was waived for appellate review when the defendant did not object to the admission of his fingerprint card which contained such aliases. Correll v. State, 523 So. 2d 562, 566 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 183, 102 L.Ed.2d 152 (1988); Jones v. State, 360 So. 2d 1293, 1296 (Fla. 3d DCA 1978); Stanley v. State, 357 So. 2d 1031, 1034 (Fla. 3d DCA), cert. denied, 364 So. 2d 891 (Fla.1978).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thompson v. Louisiana, 488 U.S. 871 (U.S. 1988)
- Correll v. State, 523 So. 2d 562 (Fla. 1988)
- Parker v. State, 456 So. 2d 436 (Fla. 1984)
- Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978)
- Blowers v. Williams, 360 So. 2d 1293 (Fla. 1st DCA 1978)
- Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
- Culver v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990)
- Smith v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990)