NEISSER F. LEZCANO
v.
THE STATE OF FLORIDA
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A trial court's decision to admit photographic evidence is reviewed for clear abuse of discretion and will not be disturbed on appeal absent such abuse.
[1] Admission of photographic evidence is within the trial court's discretion and will not be disturbed on appeal absent a showing of clear abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“The law is well established that admission of photographic evidence is within the trial court's discretion and that a court's ruling will not be disturbed on appeal unless there is a showing of clear abuse.”
Court's rationale for affirming the trial court's evidentiary ruling
Neisser F. Lezcano appealed a conviction in Miami-Dade County Circuit Court. The appeal challenged the trial court's admission of photographic evidenc…
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Third District Court of Appeal State of Florida
Opinion filed August 21, 2024. Not final until disposition of timely filed motion for rehearing.
No. 3D23-0117 Lower Tribunal No. F18-12613C
Neisser F. Lezcano, Appellant, vs. The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and FERNANDEZ and GORDO, JJ.
PER CURIAM.
Affirmed. See Duest v. State, 462 So. 2d 446, 449 (Fla. 1985) (“The
law is well established that admission of photographic evidence is within the trial court's discretion and that a court's ruling will not be disturbed on appeal unless there is a showing of clear abuse.”).
2