HIRAM JEROME MITCHELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the motion for judgment of acquittal or in its other rulings, finding sufficient evidence and proper procedure.
The defendant was convicted of aggravated assault with a vehicle on a law enforcement officer. He appealed, raising several points including the denia…
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PER CURIAM.
This is an appeal by the defendant Hiram Jerome Mitchell from a judgment of conviction and sentence for aggravated assault with an automobile on a law enforcement officer. We affirm.
First, we find no merit in the defendant’s point that the trial court erred in denying the defendant’s motion for judgment of acquittal. We conclude that the testimony adduced at trial by the law enforcement officer-complainant in this case, if believed, was sufficient to sustain a conviction for aggravated assault on a law enforcement officer. § 784.07, Fla.Stat. (1991); State v. Law, 559 So. 2d 187 (Fla.1989); Lynch v. State, 293 So. 2d 44, 45 (Fla.1974); Busch v. State, 466 So. 2d 1075, 1079 (Fla. 3d DCA 1984).
Second, we find no merit in the balance of the defendant’s points on appeal, (a) The trial court properly allowed the state to exercise a peremptory challenge on two black jurors because a race-neutral, non-pretextual reason was given by thé state for striking these jurors. State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct, 2873, 101 L.Ed.2d 909 (1988); McNair v. State, 579 So. 2d 264 (Fla. 2d DCA 1991). (b) The trial court properly admitted the testimony of the complainant-law enforcement' officer that had he not jumped out of the way, the defendant would have struck him with the car which the defendant was driving directly at him. § 90.701(1), Fla.Stat. (1991); Floyd v. State, 569 So. 2d 1225, 1231-32 (Fla.1990), cert. denied, — U.S.-, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991); Kersey v. State, 73 Fla. 832, 74 So. 983 (1917). (c) The prosecutor’s unobjected-to comments to the jury in final argument do not present fundamental error. Pope v. Wainwright, 496 So. 2d 798, 802 (Fla.1986), cert. denied, 480 U.S. 951, 107 S.Ct. 1617, 94 L.Ed.2d 801 (1987); State v. Cumbie, 380 So. 2d 1031 (Fla.1980).
Affirmed.
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Emerson J. Pinkney v. State, 74 So. 3d 572 (Fla. 2d DCA 2011)…officer. See, e.g., Williams v. State, 597 So. 2d 377 (Fla. 2d DCA 1992); Nelson v. State, 753 So. 2d 648 (Fla. 3d DCA 2000); Wallace v. State, 688 So. 2d 429 (Fla. 3d DCA 1997); McGee v. State, 687 So. 2d 22 (Fla. 5th DCA 1996); Mitchell v. State, 611 So. 2d 1269 (Fla. 3d DCA 1992).…
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Pacheco v. State, 784 So. 2d 459 (Fla. 3d DCA 2000)…insufficient to support a conviction on any of the five charges. Because we find that the evidence was properly submitted to a jury, we affirm the denial of the motion for judgment of acquittal and the appellant’s conviction. See Mitchell v. State, 611 So. 2d 1269 (Fla. 3d DCA 1993)(testimony given by law enforcement officer at trial, if believed, was sufficient to sustain a conviction). See also Busch v. State, 466 So. 2d 1075, 1079 (Fla. Ed DCA 1984)(stating that “[a] motion, for judgment of acquittal shoul…
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Laney v. Sec'y, Dep't of Corr. (Polk County) (M.D. Fla. 2025)…idence showing a defendant attempted to hit an officer with a vehicle, and the officer had to jump out of the way to avoid the vehicle, is sufficient to sustain a conviction for aggravated assault on a law enforcement officer. See Mitchell v. State, 611 So. 2d 1269, 1269 (Fla. 3d DCA 1992) ---PAGE 17--- (finding meritless defendant's argument that trial court erred in denying his motion for judgment of acquittal on charge of aggravated assault on a law enforcement officer when officer testified that had he no…
Authorities Cited (12 total)
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Pope v. Louie L. Wainwright, 496 So. 2d 798 (Fla. 1986)
- Floyd v. State, 569 So. 2d 1225 (Fla. 1990)
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- Adkins v. United States, 480 U.S. 951 (U.S. 1987)
- Kersey v. State, 73 Fla. 832 (Fla. 1917)