DELORES JEAN BELK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Delores Belk was convicted by jury of receiving stolen goods in connection with two breaking and entering incidents at apparel stores in Lakeland, Florida. She appealed on grounds of insufficient circumstantial evidence, exclusion of a hearsay letter, and prejudicial mention of a lie detector test, but the appellate court affirmed her conviction.
The court affirmed the conviction, holding that the circumstantial evidence was adequate in quality and quantity, the hearsay letter was properly excluded, and any prejudicial effect from the lie detector test reference was eliminated by jury instruction since the reference was casual and elicited by the defense, not the prosecution.
“upon consideration of the briefs and arguments in the light of the principles provided in the case of Chason v. State, 148 Fla. 540, 4 So.2d 691, which were lately employed by this Court in the case of Pacetti v. State, Fla.App., 157 So.2d 445, we are of the opinion that the circumstantial evidence here was adequate both as to quality and quantity.”
Establishes the court's standard for evaluating circumstantial evidence sufficiency and applies it to affirm the conviction.
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Join FLexlaw to unlock all legal intelligenceTwo ladies apparel stores in Lakeland, Florida were broken into and items were stolen. Appellant Delores Belk was charged by amended information with …
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There was a breaking and entering of two ladies apparel stores in Lakeland, Florida, and many items were stolen. As an aftermath, two separate informations and then an amended information were filed charging appellant with the offense of receiving stolen goods. Tried by jury, she was found and adjudged guilty on both counts and was duly sentenced to two consecutive one year terms. She appeals.
Appellant’s main challenge is addressed to the sufficiency of the circumstantial evidence by which she was convicted. We have reviewed the record — no useful purpose would be served by delineating the facts — and upon consideration of the briefs and arguments in the light of the principles provided in the case of Chason v. State, 148 Fla. 540, 4 So.2d 691, which were lately *240employed by this Court in the case of Pacetti v. State, Fla.App., 157 So.2d 445, we are of the opinion that the circumstantial evidence here was adequate both as to quality and quantity.
Appellant complains that there was no connection shown between her and certain items of apparel which were received in evidence. This assertion or position is amply refuted by the record and in particular by the testimony of the witness, Snow Martin, Jr., whose recital formed a satisfactory predicate for the receipt of the items into evidence for consideration by the jury.
Appellant’s proffer of a letter or its contents into evidence was refused and she raises this as a point on her appeal. The letter was written by appellant’s daughter to a third person and its contents tended to corroborate certain testimony given by appellant and, without question, its contents were favorable both to appellant and to the daughter. The daughter was available to testify but was not called and thus the State would have been deprived of the right to cross examine her as to the letter had the trial judge ruled differently. The daughter was also at the time under a charge of receiving stolen goods and was to be tried separately at another time. This offer was in clear violation of the hearsay rule. For a discussion of it, see 13 Fla. Jur., Evidence, §§ 208, 209 and 210. Our attention has not been directed to any exception to this rule which would be applicable under the circumstance.
Finally, appellant’s counsel was interrogating a witness for the State and the stated thrust and purpose of his question series was to elicit all the conversations, verbatim, had between the witness and the appellant. Some of the questions antecedent to the response complained of are extracted and here set forth:
“Q. Go ahead and relate to the jury the conversation you had with Mrs. Belle, on that occasion.
******
“Q. All right, relate the conversation.
* * * * * *
“Q. Captain Hardin, let’s get to the meat of the coconut. What did she tell you?
******
“Q. Get to the substance of the conversation.
******
“Q. All right, sir. As near as you can recollect, use her words and her conversation.
* 3|i * * * * ”
The witness gave a narrative response and was saying:
“A. She did not get the license number of it, or any' other description; that she and her son had looked quite often to see if they could recognize this car and find it.
I also told her would she want us to canvass the neighborhood to see if anyone else had seen this car or these two women.
She said yes that would be fine. There was also mentioned to her about a lie detector test.”
Upon mention of “lie detector test,” appellant’s counsel interrupted the witness and moved for a mistrial, which motion was denied. Thereafter the trial judge carefully instructed and cautioned the jury to disregard and we feel, under the circumstances, that the objectionable matter was satisfactorily erased or negated. We note that the mention was elicited by appellant and not the State and there is no reason of record to find that the appellant was the victim of design on the part of the State or to think that the witness was doing other than making an honest effort to answer a pending question posed by appellant. We are also of the opinion that the particular *241reference was casual and without particular meaning or harm to the accused.
Our consideration of the case has disclosed no reason for disturbing the judgment of the trial court.
Affirmed.
SHANNON, A. C. J., and WHITE, J., concur.
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State v. Braverman, 348 So. 2d 1183 (Fla. 3d DCA 1977)…-defendant’s counsel concerning the contents of the letter would be completely inadmissible in evidence at any future trial of the defendant. Such evidence constitutes rank hearsay. See McNeal v. State, 76 Fla. 200, 79 So. 728 (1918); Belk v. State, 167 So. 2d 239 (Fla.2d DCA 1964). Aside from that insurmountable obstacle, the evidence in no way raises a serious question as to the guilt or innocence of the defendant. It does not affect the defendant’s guilt or innocence on the charge of sale or delivery of a…
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Diamond v. State, 233 So. 2d 418 (Fla. 4th DCA 1970)…r content could have been of any benefit to appellant. The written document itself was clearly inadmissible as hearsay to prove the truth of the matters contained therein. McNeal v. State, 1918, 76 Fla. 200, 79 So. 728; Belk v. State, Fla.App.1964, 167 So. 2d 239; 13 Fla.Jur., Evidence, § 210. The only basis upon which the written statement would have been admissible would be for the purposes of impeaching Gruosso on the basis of a prior inconsistent statement had Gruosso been called as a witness by the stat…
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Pinkney v. State, 241 So. 2d 380 (Fla. 1970)…The Court did not grant a motion for mistrial. The officer was again asked if anything was said upon arrest. The officer replied that appellant made no comment. We find no impropriety in the Court’s denial of the mistrial motion. See Belk v. State, 167 So. 2d 239 (2nd D.C.A.Fla.1964). The second issue concerns instructions given by the Court at the conclusion of argument. The jury was instructed regarding the penalties involved in rape, assault with intent to commit rape, aggravated assault, and assault and…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chason v. State, 148 Fla. 540 (Fla. 1941)
- Pacetti v. State, 157 So. 2d 445 (Fla. 2d DCA 1963)