EMMANUEL VARNADORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Varnadore appealed his robbery conviction, arguing that the trial court erred by refusing to immediately instruct the jury that evidence of his three prior felony convictions could only be used to assess his credibility as a witness, not as proof of guilt. The appellate court affirmed the conviction, finding the error harmless despite acknowledging the trial court violated Florida's statutory requirement to restrict such evidence at the time of admission.
The trial court's error in refusing to give the immediate limiting instruction was harmless error, and the defendant's robbery conviction is affirmed. Although the trial court violated the statutory mandate of section 90.107, the error did not require reversal.
[1] A trial court must, upon request, restrict evidence admissible for one purpose but inadmissible for another to its proper scope and inform the jury of this limitation at…
[2] A trial court's refusal to give a requested limiting instruction regarding prior felony convictions, as required by statute, constitutes an error.
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“Contrary to the explicit mandate of section 90.107, Florida Statutes (1991), the trial court declined to give the requested instruction.”
Establishes that the trial court violated the statutory requirement to provide a limiting instruction immediately upon admission of evidence of prior convictions.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDuring cross-examination, the defendant admitted to three prior felony convictions. Defense counsel requested an immediate limiting instruction direct…
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COBB, Judge.
In this case the issue is whether the trial court’s refusal to give the defendant’s requested special limiting instruction at the time the state elicited admissions of prior felony convictions constituted harmful error. At the end of the state’s cross-examination, the defendant admitted three prior felony convictions. Defense counsel thereupon requested an immediate instruction to the jury to the effect that evidence of prior convictions was to be considered only in relation to the believability of the defendant as a witness and was not to be considered as evidence of guilt of the crime for which he was on trial. Contrary to the explicit mandate of section 90.107, Florida Statutes (1991),1 the trial court declined to give the requested instruction. Instead, the trial court gave the standard jury instructions at the close of all of the evidence, and defense counsel told the jury during closing argument that the sole basis for the jury’s consideration of the three prior felonies was the weight to be given to the defendant’s testimony.
The issue on appeal is simply whether this error by the trial judge was a harmful one2 or a harmless one.3 On balance, we affirm the appellant’s robbery conviction despite some reservations as to the proper enforceability of section 90.107.
DAUKSCH, J., concurs.
GRIFFIN, J., concurs in result only, without opinion.
.Section 90.107 provides:
Limited Admissibility: When evidence that is admissible as to one parly or for one purpose, but inadmissible as to another party or for another purpose is admitted, the Court upon request shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted.
. Cf. Walter v. State, 272 So. 2d 180 (Fla. 3d DCA 1973).
. Cf. Seckington v. State, 424 So. 2d 194 (Fla. 5th DCA 1983).
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Hoskins v. State, 965 So. 2d 1 (Fla. 2007)…d a reasonable doubt. See, e.g., Alston, 723 So. 2d at 160 (finding harmless any error in admitting victim impact testimony from victim’s mother “given the strong case in aggravation and the relatively weak case for mitigation”); Varnadore v. State, 626 So. 2d 1386, 1386 (Fla. 5th DCA 1993) (holding error in failing to give a limiting instruction at the time of admission of evidence of a prior conviction harmless where standard instructions were given at the close of the evidence and defense counsel told the j…
Authorities Cited
- Seckington v. State, 424 So. 2d 194 (Fla. 5th DCA 1983)
- Walter v. State, 272 So. 2d 180 (Fla. 3d DCA 1973)
- Moss v. State, 272 So. 2d 180 (Fla. 3d DCA 1973)