JOEL DELGADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOEL DELGADO, APPELLANT,
STATE OF FLORIDA, APPELLEE
852 So. 2d 425
Florida District Court of Appeal, Fifth District (2003)
Positive Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
We affirm the defendant’s sentence on the authority of Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002). Accord Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002). We certify conflict with Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003).
AFFIRMED; CONFLICT CERTIFIED.
SHARP, W., PLEUS, and MONACO, JJ., concur.
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Triplett v. State, 947 So. 2d 702 (Fla. 5th DCA 2007)…Ct. 364, 130 L.Ed.2d 317 (1994). Moreover, similar fact evidence relevant to prove a material fact other than identity does not need to meet the rigid similarity requirement applied when such evidence is used to prove identity. See Houston v. State, 852 So. 2d 425, 426 (Fla. 5th DCA 2003); see also Stav v. State, 860 So. 2d 478, 480 (Fla. 4th DCA 2003), review denied, 871 So. 2d 874 (Fla.2004). In the present case, and without discussing the facts in detail, we conclude that the trial court was correct in fin…
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Uzi Gary Stav v. State, 860 So. 2d 478 (Fla. 4th DCA 2003)…unted airfare. In the present case, where the identity of Stav as the perpetrator is not at issue, we conclude that the similarity of magic coupons and AD-75 coupons is sufficient for the purpose of Williams Rule admissibility. See Houston v. State, 852 So. 2d 425, 427 (Fla. 5th DCA 2003) (“Similar fact evidence relevant to prove a material fact other than identity need not meet the rigid similarity requirement applied when such evidence is used to prove identity.”). We affirm the admission of the AD-75 coup…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 839 So. 2d 748 (Fla. 2d DCA 2003)
- Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)
- Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002)