MARIO RADAMES VAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-05-26
No. 91-1069
Before BARKDULL, FERGUSON and COPE, JJ.
599 So. 2d 250 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Mario Ramades Vaz appeals his conviction for sale or delivery of cocaine at a location within 1,000 feet of a public elementary school. We conclude that the trial court properly admitted a photocopy of the ten dollar bill found on the person of defendant. The photocopy was introduced in lieu of the original ten dollar bill, which had been returned to circulation in the narcotics department. Unlike the situation in Hutchinson v. State, 580 So. 2d 257, 262-63 (Fla. 1st DCA 1991), there was ample proof that the photocopy was a photocopy of the same currency recovered from defendant Vaz at the time of his arrest. See §§ 90.901, 90.-952, 90.953, and 90.954, Fla.Stat. (1991). The conviction is therefore affirmed.*

*

Vaz has argued that his trial counsel was ineffective for failing to join in certain objections made by counsel for codefendant Adams. See Adams v. State, 585 So. 2d 1092 (Fla. 3d DCA 1991). We do not entertain the claim of ineffective assistance of counsel on this appeal. See Gregory v. State, 588 So. 2d 676 (Fla. 3d DCA 1991). This ruling is without prejudice to appellant's right to file a motion for post-conviction relief. We intimate no view on the merits of any such motion.


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Cited By

  • Clark v. State, 924 So. 2d 922 (Fla. 3d DCA 2006)
    …covered from Clark. Unlike Hutchinson, the State presented sufficient competent evidence to prove that the twenty-dollar bill in the photocopy was the twenty-dollar bill given to the confidential informant and recovered from Clark. See Vaz v. State, 599 So. 2d 250 (Fla. 3d DCA 1992). Therefore, the trial court did not abuse its discretion in admitting into evidence the photocopy in question. Clark next contends the trial court erred in not granting a mistrial where two of the State’s witnesses testified as t…

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