HERMAN L. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1971-06-10
No. N-86
Rawls, J., Carroll, Donald K., Acting C. J., Wigginton, J.
249 So. 2d 59 Florida District Court of Appeal, First District (1971) Positive Treatment
Cited by 4 cases

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Synopsis

Affirmed life imprisonment sentence for first-degree murder where defendant participated in a robbery during which a victim was fatally shot; appellate court rejected all eleven points of appeal, including identification issues resolved against defendants in a related case.

Holding

A life imprisonment sentence for first-degree murder is affirmed where the defendant participated in a robbery during which the victim was fatally shot, and all appellate challenges lack merit.

Facts & Procedural History

Hall and two co-defendants robbed a grocery store where they worked; during the robbery, Sidney Parnell attempted to aid his mother who was being assa…

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Topics
Recommendation Of Mercy Witness Identification Binding Precedent Accomplice Liability

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Opinion of the Court
RAWLS, Judge.

RAWLS, Judge.

Defendant appeals a life imprisonment sentence in a first degree murder conviction. Hall and two co-defendants (Albert Paschal and Mitchell Simpson) were indicted for the murder of Sidney Parnell. During the robbery of a grocery store where they both worked Sidney attempted to aid his mother who was being assaulted by one of the robbers and was fatally shot. The three defendants were tried together. Defendant Simpson was acquitted. Defendant Paschal was found guilty of murder and sentenced to death. Defendant Hall was found guilty of murder with a recommendation of mercy and sentenced to life imprisonment.

In this appeal Hall has raised some eleven points to be considered by this court. It is noted that all but two of these points were raised and fully argued by Paschal in his direct appeal to the Supreme Court. The remaining two points; i. e., allegedly improper representation by the Public Defender and an allegedly improper remark made by the bailiff, we find to be without merit. The one point which did concern this court was the identification of the defendants by witnesses at an inquest held prior to the trial. This issue has been fully considered and resolved against the defendants in Paschal v. State, 251 So.2d 257, opinion filed May 19, 1971. The conclusion reached by the Supreme Court upon this issue is binding.

Affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Greene v. State, 302 So. 2d 202 (Fla. 4th DCA 1974)
    …of prohibition was based squarely upon the merits of the issue presented by the petition before that court, which issue unquestionably is the identical issue raised by appellants’ first point on this appeal. Cf., Hall v. State, Fla.App. [*204] 1971, 249 So. 2d 59; Hicks v. State, Fla.App.1963, 156 So. 2d 22. The respective judgments and sentences are severally affirmed. Affirmed. CROSS and DOWNEY, JJ., concur.…
  • Hall v. State, 251 So. 2d 130 (Fla. 1971)
    …Certiorari dismissed. 249 So. 2d 59. ROBERTS, C. J., and CARLTON, ADKINS and DEKLE, JJ., concur. ERVIN, J., dissents.…

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