DARRYL SHANE LEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed armed robbery, kidnapping, and burglary convictions, rejecting a claim that the prosecutor's reference to a photo array improperly suggested prior criminal history, but vacated the conviction for unlawful display of a firearm as duplicative of the firearm enhancement applied to other counts.
An isolated prosecutorial reference to a photo array of 45-50 pictures does not prejudicially convey to the jury that a defendant has committed prior crimes or been in trouble with police, and does not require a new trial.
[1] An isolated prosecutorial reference in opening statement to a photo array does not prejudicially convey prior criminal history absent evidence that the reference was calc…
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Join FLexlaw to unlock all legal intelligenceLee was convicted of armed robbery, armed kidnapping, and armed burglary of a conveyance. During the assistant state attorney's opening statement, the…
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PER CURIAM.
On this appeal from convictions and sentences for armed robbery, armed kidnapping and armed burglary of a conveyance, we reject the only point directed to the trial. In our view, the isolated reference in the assistant state attorney’s opening statement to the fact that the investigating officer
got a bunch of pictures from a Metro-Dade robbery detective and presented [the victim] with a stack of forty-five or fifty pictures
did not prejudicially convey to the jury that the defendant — whose picture was included— “has committed prior crimes or has previously been in trouble with the police,” Moore v. State, 418 So. 2d 435, 436 (Fla. 3d DCA 1982), so as to require a new trial. See Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985); see also State v. Rucker, 330 So. 2d 470 (Fla.1976); Loftin v. State, 273 So. 2d 70 (Fla.1973); D’Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984); Mancebo v. State, 350 So. 2d 1098 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1217 (Fla.1978).
The state properly concedes that Lee was improperly convicted of unlawful display of a firearm during the commission of a felony, in addition to the enhancement of his other offenses because the same firearm had been used. Hence, that conviction — as to count IV of the information — is vacated. Cleveland v. State, 587 So. 2d 1145 (Fla.1991).
Affirmed in part, vacated in part.
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Citator
Cited By
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Meter v. State, 790 So. 2d 610 (Fla. 3d DCA 2001)…PER CURIAM. Affirmed. Lee v. State, 632 So. 2d 186 (Fla. 3d DCA), review denied, 641 So. 2d 1345 (Fla.1994); Nodel v. State, 579 So. 2d 768 (Fla. 3d DCA 1991); Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985); McCall v. State, 463 So. 2d 425 (Fla. 3d DCA 1985); Costales v. State, 438 So. 2d 981 (F…
Authorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)
- Loftin v. State, 273 So. 2d 70 (Fla. 1973)
- Moore v. State, 418 So. 2d 435 (Fla. 3d DCA 1982)
- State v. Rucker, 330 So. 2d 470 (Fla. 1976)
- Mancebo v. State, 350 So. 2d 1098 (Fla. 3d DCA 1977)
- D'Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984)
- Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985)