RAUL VALDEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-09-10

No. 90-1496

Before NESBITT, COPE and GERSTEN, JJ.

585 So. 2d 479 Florida District Court of Appeal, Third District (1991) Positive Treatment

Cited by 4 cases

Topics

Voir Dire Examination Manslaughter Second Degree Murder Sufficiency Of Evidence

Explore caselaw by topic → Browse Voir Dire Examination cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

Raul Valdez appeals his conviction for second degree murder. We affirm. First, we conclude that the limits placed on defense counsel’s voir dire examination of the jury were within permissible bounds and that there was no abuse of discretion in the trial court’s ruling. See Stano v. State, 473 So. 2d 1282, 1285 (Fla.1985), cert. denied, 474 U.S. 1093, 106 S.Ct. 869, 88 L.Ed.2d 907 (1986); Brunson v. State, 492 So. 2d 1155, 1156 (Fla.3d DCA 1986). Second, given the facts of the confrontation between the defendant and the victim, including the defendant’s threats against the victim at the very outset, the State presented facts sufficient to go to the jury on the second degree murder charge. See Soberon v. State, 545 So. 2d 490 (Fla.3d DCA 1989); Pressley v. State, 395 So. 2d 1175 (Fla.3d DCA), review denied, 407 So. 2d 1105 (Fla.1981); Bristow v. State, 338 So. 2d 553 (Fla.3d DCA 1976). We therefore reject the argument that the conviction must be reduced to that of manslaughter. No reversible error is shown by the remaining points on appeal.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

O'Hara v. State, 642 So. 2d 592 (Fla. 4th DCA 1994)

…(Fla. 3d DCA 1991); James v. State, 575 So. 2d 335 (Fla. 3d DCA 1991); Pineda v. State, 571 So. 2d 105 (Fla. 3d DCA 1990); Gosha v. State, 534 So. 2d 912 (Fla. 3d DCA 1988); Williams v. State, 424 So. 2d 148 (Fla. 5th DCA 1982) with Valdez v. State, 585 So. 2d 479 (Fla. 3d DCA 1991); Brunson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986); Stano v. State, 473 So. 2d 1282 (Fla.1985). Under the facts in this case, the trial court abused its discretion in limiting voir dire questioning to less than two minutes per…
Concepcion v. State, 679 So. 2d 891 (Fla. 3d DCA 1996)

…PER CURIAM. Affirmed. See United States v. Hiett, 581 F. 2d 1199 (5th Cir.1978); Riechmann v. State, 581 So. 2d 133 (Fla.1991), cert. denied, 506 U.S. 952, 113 S.Ct. 405, 121 L.Ed.2d 331 (1992); Valdez v. State, 585 So. 2d 479 (Fla. 3d DCA 1991); Gosha v. State, 534 So. 2d 912 [*892] (Fla. 3d DCA 1988); Murvin v. State, 371 So. 2d 1062 (Fla. 1st DCA 1979).…

Authorities Cited

Stano v. State, 473 So. 2d 1282 (Fla. 1985)
Irven George Pressley v. State, 395 So. 2d 1175 (Fla. 3d DCA 1981)
McKenna v. Nevada, 474 U.S. 1093 (U.S. 1986)
Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976)
Allangson Brunson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986)
Soberon v. State, 545 So. 2d 490 (Fla. 3d DCA 1989)

Full citator, related cases, and AI research tools

Open in FLexlaw