STATE OF FLORIDA, APPELLANT,
v.
ALEXANDER TORRES, APPELLEE
STATE OF FLORIDA, APPELLANT,
ALEXANDER TORRES, APPELLEE
869 So. 2d 1278
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed. See State v. Garcia, 866 So. 2d 124 (Fla. 4th DCA 2004).
WARNER, POLEN and MAY, JJ„ concur.
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McLEAN v. State, 934 So. 2d 1248 (Fla. 2006)…quires that such testimony not become a central feature of the trial. McLean, 854 So. 2d at 802. The Fourth District Court of Appeal adopted the Second District’s reasoning in McLean and held section 90.404(2)(b) constitutional. See Ortiz v. State, 869 So. 2d 1278, 1279 (Fla. 4th DCA 2004), notice invoking discretionary jurisdiction filed, No. SC04-751 (Fla. Apr. 26, 2004). The constitutionality of section 90.404(2)(b) is a question of law reviewed by this Court de novo. This Court “re-solvefe] all doubts as…
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Kane v. State, 975 So. 2d 1277 (Fla. 4th DCA 2008)…ged evidence, we conclude that the trial court was careful to give appropriate cautionary instructions to the jury throughout the trial and to prevent the evidence from becoming a feature of the trial. See McLean, 934 So. 2d at 1262; Ortiz v. State, 869 So. 2d 1278, 1280 (Fla. 4th DCA 2004). Accordingly, we affirm appellant’s judgments of conviction. Affirmed. SHAHOOD, C.J., and FARMER, J., concur. . Williams v. State, 110 So. 2d 654 (Fla.1959).…
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Ortiz v. State, 4 So. 3d 794 (Fla. 4th DCA 2009)…motion as untimely filed. We agree that the motion was timely filed and reverse and remand for the trial court to consider the motion on the merits. On direct appeal, this court issued an opinion affirming appellant’s convictions. Ortiz v. State, 869 So. 2d 1278 (Fla. 4th DCA 2004). Thereafter, appellant timely sought discretionary review in the Florida Supreme Court. The supreme court stayed the proceedings pending review of a certified question in McLean v. State, 854 So. 2d 796 (Fla. 2d DCA 2003). After…
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- State v. Garcia, 866 So. 2d 124 (Fla. 4th DCA 2004)