BARBARA BUSH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-01-11
No. 76-1361
Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.
341 So. 2d 534 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a judgment of guilty of the crime of grand larceny after a jury trial. The two points presented on appeal urge (1) error upon an incomplete response to pretrial discovery, and (2) the admission of evidence of a similar crime. We hold that the record affirmatively shows that the omission from discovery responses by the State of an oral exculpatory statement made by the defendant to a police officer was not prejudicial to defendant’s preparation of her case. As to the admission of evidence of a similar crime (shoplifting) committed in the same area and shortly after the crime charged, we hold the evidence met the test of relevance as set forth in Williams v. State, 110 So. 2d 654 (Fla.1959). See also Wilson v. State, 330 So. 2d 457 (Fla.1976); and Roche v. State, 326 So. 2d 448 (Fla.2d DCA 1976).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Cleveland Eans v. State, 366 So. 2d 540 (Fla. 3d DCA 1979)
    …primary example, in which much more attenuated factual similarities were nevertheless held to justify admission of “other crime” evidence. Hutchins v. State, 334 So. 2d 112 (Fla. 3rd DCA 1976), cert. denied, 341 So. 2d 291 (Fla.1976); Bush v. State, 341 So. 2d 534 (Fla. 3rd DCA 1977); cf. Blackburn v. State, 208 So. 2d 625 (Fla. 3rd DCA 1968). Concerning the defendant’s second point, it need only be said that the Supreme Court has very recently held that a prior out-of-court identification is admissible as s…
  • Cruz v. State, 448 So. 2d 66 (Fla. 3d DCA 1984)
    …d mem., 424 So. 2d 761 (Fla.1982); Jackson v. State, 403 So. 2d 1063 (Fla. 4th DCA 1981), review denied mem., 412 So. 2d 466 (Fla.1982); De La Cova v. State, 355 So. 2d 1227 (Fla. 3d DCA), cert. denied mem., 361 So. 2d 831 (Fla.1978); Bush v. State, 341 So. 2d 534 (Fla. 3d DCA 1977).…

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