EMMA LEE STEPNEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-07-19
No. 76-930
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
348 So. 2d 627 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See: Morey v. State, 72 Fla. 45, 72 So. 490 (1916); Johns v. Ford Motor Credit Company, 226 So. 2d 403 (Fla.1st D.C.A. 1969); Hale v. State, 238 So. 2d 471 (Fla.lst D.C.A. 1970); State v. Alvarez, 258 So. 2d 24 (Fla.3rd D.C.A. 1972); Breedlove v. State, 295 So. 2d 654 (Fla.3rd D.C.A. 1974); Mitchell v. State, 321 So. 2d 108 (Fla.lst D.C.A. 1975); Sykes v. State, 329 So. 2d 356 (Fla.1st D.C.A. 1976).


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Citator

Cited By

  • Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
    …e, 305 So. 2d 868 (Fla. 3d DCA 1975). This is especially true when the original object from which derivative evidence was adduced was not available to the state at the time of trial. Baum v. State, 353 So. 2d 936 (Fla. 3d DCA 1978); Butler v. State, 348 So. 2d 627 (Fla. 3d DCA 1977). Defendant nonetheless contends that this court’s decision in Johnson v. State, 249 So. 2d 470 (Fla. 3d DCA 1971), cert. dischgd., 280 So. 2d 673 (Fla.1973), controls the instant situation. In Johnson, the particular bullet which…
  • Baum v. State, 353 So. 2d 936 (Fla. 3d DCA 1978)
    …o give an opinion based on latent fingerprints where the original objects from which the latent fingerprints were lifted, were not produced in court. This contention is without merit and directly controlled by our recent decision in Butler v. State, 348 So. 2d 627 (Fla. 3d DCA 1977). Also see United States v. Sewar, 468 F. 2d 236 (9th Cir. 1972); United States v. Herndon, 536 F. 2d 1027 (5th Cir. 1976). The second point is that the court erred in imposing separate consecutive sentences for robbery and for un…

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