STATE OF FLORIDA

v.

LAWRENCE FRANKLIN

Citator

Cited By

• Fredrick Herzog v. State, 439 So. 2d 1372 (Fla. 1983)
  …the burden of showing relevancy, this burden only shifts to the state after the defendant has made a proper objection to its introduction. State v. Davis, 290 So. 2d 30 (Fla.1974); Franklin v. State, 229 So. 2d 892 (Fla. 3d DCA 1969), cert. denied, 237 So. 2d 754 (Fla.1970). The record fails to indicate any objection by defendant, and he is thereby precluded from arguing this point on appeal. Even assuming, arguendo, that a proper objection was made, our review of the record indicates that the evidence was…
• Jacobson v. State, 375 So. 2d 1133 (Fla. 3d DCA 1979)
  …tially upon the defendant. Only after the defendant establishes that the evidence is irrelevant or prejudicial, does the burden of proving admissibility shift to the prosecution. Franklin v. State, 229 So. 2d 892 (Fla. 3d DCA 1969), cert. denied, 237 So. 2d 754 (Fla.1970). The Williams test is then one of admissibility, not exclusion. Williams v. State, supra note 1; Green v. State, 190 So. 2d 42 (Fla. 2d DCA 1966). Jacobson was tried on the single count of throwing, placing or discharging a destructi…
• Prison Rehabilitative Indus. & Diversified Enters., Inc. v. Jacquelyn Juanita Betterson, 648 So. 2d 778 (Fla. 1st DCA 1994)
  …N.W. 2d 42 (1966). See also Ocala Breeder Sales Co. v. Division of Pari-Mutuel Wagering, Department of Bus. Reg., 464 So. 2d 1272, 1274 (Fla. 1st DCA 1985); Seaboard Coast Line R.R. v. O’Connor, 229 So. 2d 663, 666 (Fla. 2d DCA 1969), cert. denied, 237 So. 2d 754 (Fla.1970). Applying the foregoing rule of construction to the statutory scheme that establishes and regulates PRIDE, we conclude that the enactment of section 946.5026 was merely intended to clarify and make entirely free from any doubt PRIDE’s exi…

Authorities Cited

• Peel v. State, 229 So. 2d 892 (Fla. 2d DCA 1970)