STEPHEN WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1974-10-22
No. 74-292
Before HENDRY, HAVERFIELD and NATHAN, JJ.
305 So. 2d 50 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Wilson appeals his conviction on three counts: conspiracy to commit robbery, attempted robbery, and aggravated assault. The court affirmed the conviction, rejecting claims that the trial court erred in reducing the charge after initially granting a directed verdict, commenting on evidence to the jury, and allowing prejudicial prosecutor remarks.


Holding

The court held that the trial court did not err on any of the three points. The directed verdict, being oral and not recorded, could be altered. The court's comments provided proper guidance rather than expressing a view on guilt. The prosecutor's comments pertained to facts and were permissible closing argument.


Headnotes

[1] A trial court may set aside an orally announced directed verdict that has not yet been reduced to writing, signed, and made a matter of record.

[2] A judge's comment on the evidence may deny a defendant a fair and impartial trial if it expresses the judge's view as to the weight of the evidence, the credibility of a…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“While in one sense a judgment is 'rendered' when it is announced by a judge, yet until that judgment is entered of record, there is no competent evidence of such rendition.”

Establishes that an oral directed verdict is not final and can be altered before being reduced to writing and made a matter of record.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A jury trial was held on three counts of an information. After the State rested, the trial court granted a directed verdict (delivered orally) on the …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals his conviction on three counts of an information: Count I, conspiracy to commit a felony, to-wit: robbery; Count II, attempted robbery; and Count III, aggravated assault.

A jury trial was held. After the State rested, the defense moved for a directed verdict on the third count which was granted ore tenus, and defendant claims a notation of this was made in the jacket of the file. The court thereafter set the ruling aside, reinstating such count and reducing it from assault with intent to commit murder, to aggravated assault. The jury returned a verdict of guilty on all three counts. Defendant was adjudged guilty and sentenced to fifteen years on Count I, conspiracy to commit robbery, and five years on Count II, attempted robbery, to run concurrently with the sentence of Count I. Imposition of sentence on Count III, aggravated assault, was withheld. Defendant’s motion for new trial was denied and this appeal ensued.

The defendant raises three points on appeal. (1) The trial court erred in reducing the offense charged in Count III after granting a directed verdict on that Count. (2) The trial court erred in denying defendant’s motion for mistrial when the court commented on the evidence to the jury. (3) The trial court erred in denying defendant’s motion for mistrial where the prosecutor made prejudicial remarks in his closing argument.

Considering the merits of the first point, the trial court did not err by setting aside his ruling and reducing the charge. The directed verdict, delivered orally, had not been rendered, and was, therefore, subject to alteration. In Ellis v. State, 1930, 100 Fla. 27, 129 So. 106, at page 109, it is stated that, “While in one sense a judgment is ‘rendered’ when it is announced by a judge, yet until that judgment is entered of record, there is no competent evidence of such rendition.” A judgment or order is “rendered” when it has been reduced to writing, signed and made a matter of record, or if recording is not required, then filed. See Rule 1.3, Florida Appellate Rules, 1962 Revision.

As to his second point, the defendant alleges impropriety and prejudice in the court’s statement that he was “ . . . ruling that there is sufficient evidence on which you may or may not find the defendant guilty of aggravated assault in that third Count . . . ” At the outset, we note that this remark was made at the conclusion of the State’s case, and prior to presentation of the defendant’s case, as an explanation of the reduction of the chargé of assault with intent to commit murder to aggravated assault. Where the comment of a judge expresses or tends to express the judge’s view as to the weight of the evidence, the credibility of a witness, or the guilt of an accused, it may, depending on the factual circumstances, destroy the impartiality of the trial. Kellum v. State, Fla.App.1959, 104 So. 2d 99. We find, however, that the court’s remarks as delineated above, were to give proper guidance to the jury rather than to comment on the guilt of the appellant, and as such, did not deny the defendant a fair and impartial trial.

Addressing ourselves to defendant’s third contention, the motion for mistrial was properly denied because the comments in the prosecutor’s closing argument pertained to the facts in the case and were not prejudicial. As a general rule, a considerable degree of latitude is allowed prosecutors in closing argument, and logical inferences from the evidence are permissible. See Spencer v. State, Fla.1961, 133 So. 2d 729; Myers v. State, Fla.App.1972, 256 So. 2d 400; Hamrick v. State, Fla.App.1970, 235 So. 2d 360.

For the foregoing reasons, the judgment and conviction be and the same hereby are affirmed.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Frierson v. State, 339 So. 2d 312 (Fla. 3d DCA 1976)
    …prejudicial comment made by the prosecutor in closing argument. As a general rule, a considerable degree of latitude is allowed prosecutors in closing argument to the jury, and logical inferences from the evidence are permissible. Wilson v. State, 305 So. 2d 50, 52 (Fla. 3rd DCA 1974); Thomas v. State, 326 So. 2d 413, 415 (Fla.1975), and cases cited therein. Accord: Johnsen v. State, 332 So. 2d 69 (Fla.1976). Each case involving an alleged inflammatory or abusive remark by the prosecutor must be considered…
  • Deliford v. State, 505 So. 2d 523 (Fla. 3d DCA 1987)
    …e, 363 So. 2d 331, 334-35 (Fla.1978), and, (b) the complained-of argument was entirely proper in any event. See Francis v. State, 384 So. 2d 967, 968-69 (Fla. 3d DCA 1980); Delaney v. State, 342 So. 2d 1098, 1099 (Fla. 3d DCA 1977); Wilson v. State, 305 So. 2d 50, 52 (Fla. 3d DCA 1975). Third, we accept the state’s concession that the defendant’s sentencing point has merit. The Florida Supreme Court has held, subsequent to the imposition of sentence below, that habitual offender status of a defendant is no…
  • Strozier v. State, 327 So. 2d 839 (Fla. 3d DCA 1976)
    …PER CURIAM. Affirmed: See: Watson v. State, Fla. 1966, 190 So. 2d 161; Wilson v. State, Fla. App.1974, 305 So. 2d 50; Lebowitz v. State, Fla.App.1975, 313 So. 2d 473; § 924.33, Fla.Stat.…

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw