JOHN HAYDEN
v.
STATE OF FLORIDA
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Questioning a witness about who was the primary aggressor in an altercation, though potentially improper under the Zangroniz standard, does not constitute fundamental error requiring reversal when no objection is raised at trial.
[1] Absent a timely objection at trial, questioning of a witness regarding who was the primary aggressor in an altercation, even if improper under Zangroniz, does not constit…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he questioning of the officers about who they viewed as the 'aggressor' improperly invaded the province of the jury by soliciting witnesses' opinions about the merits of [the defendant's] self-defense claim, and ultimately his guilt or innocence.”
Citing Zangroniz v. State, 358 So. 3d 827, 830 (Fla. 3d DCA 2023), regarding the impropriety of such questioning.
Hayden was convicted of aggravated battery with a deadly weapon following trial. During the prosecutor's direct examination of the investigating offic…
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December 8, 2023 PER CURIAM.
Appellant challenges his conviction for aggravated battery with a deadly weapon and the prison sentence imposed following trial. Appellant argues that error occurred when, during the direct examination of the investigating officer, the prosecutor asked the officer if she determined who was the primary aggressor in the altercation between Appellant and the victim, to which the officer answered that it was Appellant, see Zangroniz v. State, 358 So. 3d
827, 830 (Fla. 3d DCA 2023) (“[T]he questioning of the officers about who they viewed as the ‘aggressor’ improperly invaded the province of the jury by soliciting witnesses’ opinions about the merits of [the defendant’s] self-defense claim, and ultimately his guilt or innocence.”), and then, during closing argument, when the prosecutor reminded the jury of this testimony.
Appellant concedes that his trial counsel raised no objections to either the question and answer or the prosecutor’s comment during closing argument. He relies on the fundamental error doctrine for reversal. From our review of the record, we conclude that no fundamental error occurred and, therefore, affirm.
AFFIRMED. LAMBERT, EISNAUGLE, and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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