RODNEY ROBINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Rodney Robinson appealed his conviction for armed robbery based on a jury verdict, raising three procedural and evidentiary issues. The Florida District Court of Appeal affirmed the conviction, finding no reversible error in any of the defendant's claims.
The court affirmed the conviction, holding that no reversible error occurred on any of the three points raised because: (1) the testimony was fleeting and vague, not intentionally elicited, and any harm could have been cured by a cautionary instruction that the defendant refused; (2) the evidence of providing false names and dates of birth was properly admitted; (3) denial of severance was not reversible error; and (4) the jury instruction and prosecutor's comment, which were not objected to at trial, did not constitute fundamental error.
[1] A fleeting and vague witness statement that does not clearly tend to show the defendant committed past crimes for which he is not on trial, and which was not intentionall…
[2] Admitting police testimony that a defendant gave multiple false names and dates of birth upon arrest is not reversible error.
Previewing 2 of 4 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“this fleeting and rather vague testimony did not, as urged, tend to show that the defendant had committed past crimes for which he was not on trial”
Establishes that the complained-of testimony was not prejudicial evidence of other crimes.
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Join FLexlaw to unlock all legal intelligenceRobinson was arrested and convicted of armed robbery based on a jury verdict. During trial, the complainant testified about statements the police made…
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PER CURIAM.
This is an appeal by the defendant Rodney Robinson from a judgment of conviction and sentence for armed robbery based on an adverse jury verdict. The defendant raises three points on appeal, none of which rise to the level of reversible error; we accordingly affirm. First, the trial court did not err in denying the defendant’s motion for a mistrial after the complainant testified that the police asked him “if I have object [sic] like mask or screwdriver there,” referring to his ear which the defendant had been driving when arrested, “and I tell [sic] them it didn’t belong to me.” We think this fleeting and rather vague testimony did not, as urged, tend to show that the defendant had committed past crimes for which he was not on trial.
Moreover, this testimony was not intentionally elicited and whatever harm it may have caused could have been cured by an appropriate cautionary jury instruction, which the trial court offered to give, but which the defendant expressly refused. Under these circumstances, no reversible error has been shown. See McCall v. State, 463 So. 2d 425 (Fla. 3d DCA 1985); Williams v. State, 438 So. 2d 152, 153 n. 1 (Fla. 3d DCA), rev. denied, 443 So. 2d 981 (Fla.1983); Evans v. State, 422 So. 2d 60 (Fla. 3d DCA 1982).
Second, the trial court did not commit reversible error under the circumstances of this case in admitting in evidence police testimony that the defendant gave several different names and dates of birth to the police when arrested. Cabrera v. State, 576 So. 2d 1358, 1359 (Fla. 3d DCA), aff'd, 589 So. 2d 287 (Fla.1991); Smith v. State, 561 So. 2d 1281, 1282 (Fla. 2d DCA 1990). Nor has any reversible error been shown in the trial court’s denial of defendant’s pre-trial motion for a severance of counts with reference to the resisting arrest count on which the defendant was ultimately acquitted. Solomon v. State, 596 So. 2d 789, 791 (Fla. 3d DCA 1992).
Finally no reversible error has been shown regarding (a) the complained-of jury instruction and (b) the complained-of prosecutor’s comment during final argument to the jury. No defense objection was raised at trial to either the instruction or the comment; moreover, contrary to the defendant’s argument, no fundamental error has been presented with reference to these points. See State v. Cumbie, 380 So. 2d 1031, 1032-33 (Fla.1985); Irving v. State, 627 So. 2d 92, 93-94 (Fla. 3d DCA 1993); Trinidad v. State, 615 So. 2d 806, 808 (Fla. 3d DCA 1993).
Affirmed.
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Rutherford v. State, 902 So. 2d 211 (Fla. 4th DCA 2005)…ion and resisting arrest without violence. Id. The June 3 crimes in this case, which arose as a result of the investigation of the June 2 robbery, were connected in the same way that the crimes in Parker were connected. See also Robinson v. State, 656 So. 2d 190, 191 (Fla. 3d DCA 1995) (holding that no reversible error occurred where trial court Judge of Comp. Claims-denied a pretrial motion for severance of robbery from resisting arrest, where the resisting charge was based on the defendant giving differen…
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Gutierrez v. State, 767 So. 2d 608 (Fla. 3d DCA 2000)…PER CURIAM. See Terry v. State, 668 So. 2d 954 (Fla.1996); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Robinson v. State, 656 So. 2d 190 (Fla. 3d DCA 1995).…
Authorities Cited (11 total)
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- Irving v. State, 627 So. 2d 92 (Fla. 3d DCA 1993)
- Cabrera v. State, 576 So. 2d 1358 (Fla. 3d DCA 1991)
- McCALL v. State, 463 So. 2d 425 (Fla. 3d DCA 1985)
- Federick Solomon v. State, 596 So. 2d 789 (Fla. 3d DCA 1992)
- Evans v. State, 422 So. 2d 60 (Fla. 3d DCA 1982)
- Williams v. State, 438 So. 2d 152 (Fla. 3d DCA 1983)
- Trinidad v. State, 615 So. 2d 806 (Fla. 3d DCA 1993)
- Culver v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990)
- Smith v. State, 561 So. 2d 1281 (Fla. 2d DCA 1990)