FRANKLIN

v.

UNITED STATES

Citator

Cited By (32 total)

• Finney v. State, 660 So. 2d 674 (Fla. 1995)
  …e to enhance the probative value of other crime evidence, similarity is not always a prerequisite to consideration of such evidence. See Williams v. State, 621 So. 2d 413, 414 (Fla.1993); Bryan v. State, 533 So. 2d 744, 746 (Fla.1988), cert. denied, 490 U.S. 1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989). Overall similarity between the facts of the two offenses generally is necessary before the other crime evidence is considered relevant to the issue of identity. See, [*682] e.g., Gore v. State, 599 So. 2d 978…
• Preston v. State, 607 So. 2d 404 (Fla. 1992)
  …le factor. See Bryan v. State, 533 So. 2d 744 (Fla.1988) (trial court properly found as separate aggravating factors that murder was committed for pecuniary gain and that murder was committed during the course of a robbery/kidnapping), cert. denied, 490 U.S. 1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989); Bates v. State, 465 So. 2d 490 (finding pecuniary gain in aggravation is not error when several felonies, including robbery, have occurred). We also reject Preston’s argument that the evidence does not suppo…
• Hartley v. State, 686 So. 2d 1316 (Fla. 1996)
  …me charged,” is admissible under section 90.402 (admissibility of relevant evidence) because it is relevant and necessary to adequately describe the crime at issue. Griffin, 639 So. 2d at 968; Bryan v. State, 533 So. 2d 744 (Fla.1988), cert, denied, 490 U.S. 1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989). Applying this standard, we find that the testimony of the officer should not have been admitted. The officer was not testifying to the fact that Hartley admitted robbing the victim; the officer was merely re…