RONALD WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction, finding no error in the admission of autopsy photographs and that any error in admitting the confession was harmless.
The appellant, proceeding pro se, challenged his conviction for first-degree murder. The issues on appeal concerned the admission of autopsy photograp…
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PER CURIAM.
The motion for rehearing and clarification is denied in part; granted in part. We therefore withdraw our previously issued opinion and substitute the following in its place.
The appellant, proceeding pro se, challenges his conviction of first degree murder. We affirm.
As to the admission of autopsy photographs, we find no error. The photographs assisted the medical examiner in his explanation of the victim’s wounds and were relevant to the. issue of premeditation. Bush v. State, 461 So. 2d 936 (Fla.1984), cert. denied, 475 U.S. 1031, 106 S.Ct. 1237, 89 L.Ed.2d 345 (1986). Further, as to this relevant evidence, its probative value is not substantially outweighed by danger of unfair prejudice, confusion of the issues, misleading the jury or needless presentation of cumulative evidence. See Pottgen v. State, 589 So. 2d 390 (Fla. 1st DCA 1991). As to the admission of appellant’s taped confession without redacting the statements of the interrogating officer and the jurors’ use of a written transcript of that confession as an aid during the playing of the tape, any error was harmless. State v. DiGuilio, 491 So. 2d 1129, 1137 (Fla.1986). As to the imposition of restitution for the victim’s funeral expenses, the issue is waived. E.g., Sims v. State, 637 So. 2d 21, 23 (Fla. 4th DCA 1994).
AFFIRMED.
GUNTHER, C.J., and WARNER and STEVENSON, JJ., concur.
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Akins v. State, 694 So. 2d 847 (Fla. 4th DCA 1997)…w denied, 591 So. 2d 184 (Fla.1991). Since the autopsy photographs assisted the medical examiner in his explanation of the victim’s wounds and the cause of death, the trial court did not abuse its discretion in admitting them. E.g., Walker v. State, 665 So. 2d 1070, 1071 (Fla. 4th DCA 1995), review denied, 671 So. 2d 789 (Fla.1996). AFFIRMED. WARNER and POLEN, JJ., concur.…
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Segura v. State, 972 So. 2d 1105 (Fla. 4th DCA 2008)…otographs into evidence, as they were prejudicial and distracted the jury from a fair consideration of the evidence in reaching its verdict. He claims that this error was harmful. State v. DiGuilio, 491 So. 2d 1129, 1137 (Fla.1986); Walker v. State, 665 So. 2d 1070 (Fla. 4th DCA 1995). The state counters that the photographs provided relevant ev-identiary value tending to prove and disprove material facts, and that the photographs corroborated testimony. “The admission of photographic evidence of a murder vic…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Bush v. State, 461 So. 2d 936 (Fla. 1984)
- Jones v. United States, 475 U.S. 1031 (U.S. 1986)
- Speckin v. United States, 475 U.S. 1031 (U.S. 1986)
- Sims v. State, 637 So. 2d 21 (Fla. 4th DCA 1994)
- Pottgen v. State, 589 So. 2d 390 (Fla. 1st DCA 1991)