JAMES P. IVEY, A/K/A JAMES IVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
James Ivey was convicted by jury of uttering a worthless check in violation of Florida law and sentenced to five years imprisonment. On appeal, he challenged the admission of evidence regarding other bad checks and an allegedly improper prosecutorial statement, but the appellate court affirmed the conviction and sentence.
The court affirmed the conviction, finding no error in either the admission of evidence regarding other checks or in the prosecutorial statement, as the former related to credibility on cross-examination and the latter lacked any objection or showing of fundamental or plain prejudicial error.
“the questions objected to and overruled were in cross-examination of the defendant and went to the credibility of his explanations or excuses for giving a check on a bank account when he did not have sufficient funds to cover the amount of the check.”
Establishes the court's reasoning that evidence of other bad checks was admissible to test credibility on cross-examination rather than as character evidence of prior crimes.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIvey gave a check for $278.35 drawn on Citizens Bank & Trust Co. of Titusville to Florida Equipment Company in exchange for equipment valued at $1,108…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Uttering A Worthless Check cases and more on FLexlaw
At trial when represented by counsel, the public defender, appellant on an Information charging him with uttering a worthless check in violation of Section 832.05(3) (a), F.S.1967, F.S.A., was found guilty by a jury and so adjudged by the court and sentenced to a term of five years imprisonment. We affirm.
The check given was in the amount of $278.35 drawn on the Citizens Bank & Trust Co. of Titusville, Florida, for which he received from the payee, the Florida Equipment Company, two pieces of equipment ; one piece was valued at $550.50, and the other at $558.26. The check was dishonored for insufficient funds and the equipment has not been returned.
Appellant’s first point argued is that “the trial court erred in allowing evidence of unrelated crimes over the objection of the public defender, and failing to declare a mistrial on motion of the defendant”, which language is the same in substance as assignment of error No. 9 and cites transcript pages 53 and 75 to 79, inclusive, in support. Appellant’s attorney fails to identify any specific ruling on any specific objection relating to “other crimes”. The defendant testified that he had three bank accounts and could not read or write too well and that some times he got his accounts mixed up and that he had a little better than a thousand dollars in one bank. The “other crimes” referred to by appellant’s attorney have reference to questions propounded on cross-examination concerning other checks to other payees on different banks returned for insufficient funds. We fail to find error on this point. The state might have been precluded from initially offering in evidence as proof of the crime charged the matter inquired of on cross-examination, but likely not under the reasoning of Williams v. State (per Justice Thornal), Fla.1959, 110 So.2d 654. In that case and the other cases cited by the attorney for the appellant, the evidence was offered in support of the prosecution by the state and not on cross-examination. In the case at bar, the questions objected to and overruled were in cross-examination of the defendant and went to the credibility of his explanations or excuses for giving a check on a bank account when he did not *122have sufficient funds to cover the amount of the check.
Appellant’s second point argued for reversal relates to a statement in argument to the jury by the prosecuting attorney which was not objected to at trial. No motion for new trial was made. The point is not based on any judicial act and neither fundamental nor plain prejudicial error appears by reason of the misstatement made by the prosecuting attorney. The judgment and sentence appealed is—
Affirmed.
REED and OWEN, JJ., concur.