WILLIE LEE SLATER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-10-20
No. 5D99-2480
THOMPSON, C.J., and GRIFFIN, J., concur.
769 So. 2d 512 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 6 cases

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Holding

The court held that the appellant's issues were not preserved for appellate review or lacked merit, affirming his convictions and sentences.


Facts & Procedural History

The appellant was convicted of burglary, aggravated battery, false imprisonment, and aggravated assault, with minimum mandatory sentences for firearm …

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Opinion of the Court
ORFINGER, M., Senior Judge.

ORFINGER, M., Senior Judge.

Appellant Willie Slater timely appeals his convictions and sentences on charges of burglary, aggravated battery, false imprisonment, and aggravated assault, and two minimum mandatory sentences of three years for using a firearm.

Slater contends that the trial court erred in permitting the victim, who was the state’s principal witness, to sit in the courtroom during the prosecutor’s opening argument. There is nothing in the record to demonstrate that either party requested sequestration of witnesses nor was any objection to the presence of the witness made prior to the prosecutor’s opening statement. The issue has not been preserved for appellate review.

The court properly denied appellant’s motion for judgment of acquittal on the ground of identity. The victim testified that it was appellant who committed the charged acts, and identified him in the courtroom. In evaluating a motion for judgment of acquittal, all facts introduced into evidence are deemed admitted, and the trial court must draw every conclusion and inference therefrom in favor of the state. Lynch v. State, 293 So. 2d 44 (Fla.1974). The validity of the identification testimony was for the jury.

The supreme court, contrary to appellant’s assertion, has declared the Prison Releasee Reoffender Act to be constitutional. See State v. Cotton, 769 So. 2d 345 (Fla.2000). We find no merit in appellant’s remaining issues.

AFFIRMED.

THOMPSON, C.J., and GRIFFIN, J., concur.


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Citator

Cited By

  • Smith v. State, 773 So. 2d 1278 (Fla. 5th DCA 2000)
    …Brown v. State, 25 Fla.L. Weekly S792, - So. 2d -, 2000 WL 1472598 (Fla. Oct. 5, 2000) (the crime of attempted second degree murder exists); see State v. Cotton, 769 So. 2d 345 (Fla.2000); Grant v. State, 770 So. 2d 655 (Fla.2000); Slater v. State, 769 So. 2d 512 (Fla. 5th DCA 2000) (prison releas-ee reoffender act is constitutional). . Smith is also correct that it was error for the trial court to impose consecutive terms on the sentences that were enhanced through the prison releasee reoffender act. In Ha…
  • Gaskins v. State, 987 So. 2d 813 (Fla. 5th DCA 2008)
    …PER CURIAM. AFFIRMED. See Slater v. State, 769 So. 2d 512 (Fla. 5th DCA 2000).…
  • Rakim J. Watson v. State, 254 So. 3d 1154 (Fla. 5th DCA 2018)
    …tson was in and several people were injured. Furthermore, at least one victim testified that Watson fired shots from the vehicle. Thus, there was sufficient evidence, despite the inconsistencies, to support Watson's convictions. Cf. Slater v. State, 769 So. 2d 512 (Fla. 5th DCA 2000). Ultimately, it is within the jury's purview to make credibility determinations among conflicting testimony. Id. at 512 ("The validity of the [victim] identification testimony was for the jury."); see also Bradshaw v. State, 744…

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