RICHARD ALSTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1974-07-09
No. 74-122
Before PEARSON, HENDRY and HA-VERFIELD, JJ.
297 So. 2d 344 Florida District Court of Appeal, Third District (1974) Negative Treatment
Cited by 22 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellant was informed against, tried by jury, found guilty and sentenced to life imprisonment for robbery.

Appellant’s sole contention on appeal is that the trial court erred in denying defendant’s motion for mistrial where the state wrongfully introduced evidence of collateral crimes, thus denying defendant his right to fair trial. We cannot agree.

After a careful examination of the record, we have determined that all the testimony relating to collateral crimes proved or tended to prove the defendant-appellant’s identity which was a material fact in issue. Therefore, this evidence was ad-missable under the rule announced in Williams v. State, Fla.1959, 110 So. 2d 654. See Drayton v. State, Fla.App. 1974, 292 So. 2d 395 at 396.

Accordingly, the judgment and sentence herein appealed are affirmed.

Affirmed.


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  • Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
    …reported at 321 So. 2d 87 (Fla. App. 1, 1975), which conflicts with this Court’s decision in State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735 (1936), and the decision of the District Court of Appeal, Third District, in Ratner v. Ratner, 297 So. 2d 344 (Fla.App. 3, 1974), thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(3), Florida Constitution. The final judgment of dissolution of marriage between respondent and petitioner ordered that petitioner pay monthly child s…
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  • Robbins v. Robbins, 429 So. 2d 424 (Fla. 3d DCA 1983)
    …v. Superior Court, 269 Cal.App.2d 600, 75 Cal.Rptr. 61 (1959). Before a respondent may be held in contempt for failure to comply with a court order, the court must be satisfied that he had the ability to pay and willfully refused. Ratner v. Ratner, 297 So. 2d 344 (Fla. 3d DCA 1974); Erlacher v. Erlacher, 289 So. 2d 459 (Fla. 4th DCA 1974). An inability to comply, due not to fault or neglect but to circumstances arising after the entry of the order requiring payment, may excuse noncompliance. Faircloth v. Fai…
  • Damkohler v. Heidi Damkohler (Pollmann), 336 So. 2d 1243 (Fla. 4th DCA 1976)
    …ptly as each payment is due.” Appellant first contends the order is void because it does not make an affirmative finding that appellant had a financial ability to pay the arrears. In support of his contention appellant relies upon Ratner v. Ratner, 297 So. 2d 344 (Fla. 3d DCA 1974). However this court in Garo v. Garo, 327 So. 2d 845 (Fla. 4th DCA 1976) rejected Rat-ner. Subsequently the Third District, in the recent case of Flynn v. Flynn, 330 So. 2d 728 (Fla. 3d DCA 1976) receded from its holding in Ratner…

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