ROBERT D. WALLACE, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2010-02-05
No. 1D09-6005
WEBSTER, PADOVANO, and ROWE, JJ., concur.
27 So. 3d 731 Florida District Court of Appeal, First District (2010) Caution
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner is hereby granted a belated appeal of the December 19, 2008, judgment and sentence in Duval County Circuit Court case number 16-2008-CF-002975-AXXX-MA. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.

PETITION GRANTED.

WEBSTER, PADOVANO, and ROWE, JJ., concur.


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  • Agatheas v. State, 77 So. 3d 1232 (Fla. 2011)
    …owed by our appellate courts is that “if there was no evidence linking any of these firearms to the charged crime, evidence of the firearms would be irrelevant, and should have been excluded upon proper objection.” More recently, in Green v. State, 27 So. 3d 731, 737 (Fla. 2d DCA 2010), the Second District Court of Appeal held that the trial court erred in admitting three firearms found in the defendant’s home two days after the murder, none of which was tied to the charged offenses in any way. The State ha…
  • Geissler v. State, 90 So. 3d 941 (Fla. 2d DCA 2012)
    …conducted by Detective Federico. The trial court consistently overruled defense counsel’s objections and denied his motions for mistrial on account of these comments and testimony. In making these rulings, the trial court erred. See Green v. State, 27 So. 3d 731, 735-36 (Fla. 2d DCA 2010). B. The Admissibility of Evidence that Mr. Geissler Had Shot Himself We conclude that the trial court did not abuse its discretion in admitting evidence that Mr. Geissler shot himself immediately after being confronted w…
  • Pharaoh Nshaka v. State, 92 So. 3d 843 (Fla. 4th DCA 2012)
    …is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2011). In a Second District Court of Appeal murder case, Green v. State, 27 So. 3d 731 (Fla. 2d DCA 2010), the court found that evidence which was not connected to the charged offenses, nor the defendant, was too prejudicial to be admitted into evidence. Id. at 737-38. Failure to connect the evidence to the charges [*848] made the evi…

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