EDWARD BLACKMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-06-12
No. 72-1418
Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ-
279 So. 2d 99 Florida District Court of Appeal, Third District (1973) Caution
Cited by 60 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

On appeal from conviction of unlawful possession of a narcotic drug and a barbiturate the appellant contends the judgment should be reversed because of a remark made by the prosecutor in closing argument. An objection made thereto at trial by defendant’s counsel was sustained by the court. Considered in light of the evidence in the case the challenged remark of the prosecutor did not constitute harmful error. Under § 924.33 it is provided that a judgment should not be reversed unless the appellate court is of the opinion after examination of all of the appeal papers that error was committed which injuriously affected the substantial rights of the appellant. See Cornelius v. State, Fla.1950, 49 So.2d 332.

Affirmed.

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  • Straight v. State, 397 So. 2d 903 (Fla. 1981)
    …act led to the rule being stated as a rule of exclusion with certain exceptions rather than as a rule of admissibility. See, e. g., Winstead v. State, 91 So. 2d 809 (Fla.1956); Talley v. State, 160 Fla. 593, 36 So. 2d 201 (1948); Whitehead v. State, 279 So. 2d 99 (Fla. 2d DCA 1972). Even when the evidence of separate criminal activity has relevance, it is possible for such evidence, as it is presented, to have an improper prejudicial impact that outweighs its probative value. See, e. g., Williams v. State,…
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  • Fulton v. State, 335 So. 2d 280 (Fla. 1976)
    …654 (Fla.1959); Watson v. Campbell, 55 So. 2d 540, 541 (Fla.1951) (“evidence of another and distinct crime committed by defendant, in no way connected by circumstances with the one for which he is being tried, is inadmissible”) ; Whitehead v. State, 279 So. 2d 99, 100 (Fla.App. 2nd 1973). The probative value of such inquiry is outweighed by the likelihood of prejudice to the accused. The trial court erred in overruling defense objections to testimony concerning a defense witness’ pending criminal charges, si…
  • Henry v. State, 948 So. 2d 609 (Fla. 2006)
    …dges such a record, there can be no inquiry into the details. See Hopkins v. State, 413 So. 2d 443 (Fla. 3d DCA 1982) (“[T]he State was empowered to ask only whether the defendant had ever been convicted of a crime ....”) (citing Whitehead v. State, 279 So. 2d 99, 100 (Fla. 2d DCA 1973)). Yet Henry’s counsel ignored and abandoned the protections provided his client from the disclosure of such damning evidence of past criminal conduct, and chose to have Henry himself tell the jury about his horrendous record…

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