HARRY LAMB, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial judge did not err in denying the defendant's motion to strike an alias from the information.
The defendant was charged with burglary and petit larceny. The information included an alias, 'Robert Morgan,' which the defendant had used at a preli…
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PER CURIAM.
The single point presented on this appeal is that the trial judge erred in denying the defendant’s motion to strike “also, known as Robert Morgan” from the information. The appellant, Harry Lamb, was found guilty by a jury of burglary of a structure with intent to commit petit larceny and of petit larceny.
An information was filed which charged the defendant as “Harry Lamb also known as Robert Morgan.” The defendant pleaded not guilty at arraignment. Immediately prior to trial, he moved to strike the designated portion of the information. Defense counsel admitted that the defendant had used the name “Robert Morgan” at his preliminary hearing. The court denied the motion.
No Florida case has been cited which holds that the use of a second name in an information is reversible error. But see Fla.R.Crim.P. 3.140(d)(2). We recognize that there may be situations where the use of one or more “alias” names might tend to prejudice the defendant’s right to a fair trial. See the discussions in D’Allessandro v. United States, 90 F. 2d 640 (3d Cir. 1937); United States v. Grayson, 166 F. 2d 863 (2d Cir. 1948); and State v. Varner, 329 S.W. 2d 623 (Mo.1959).
The present matter does not fall within the theory of such cases for several reasons. First of all, there was nothing inherently demeaning in the appellation used. Secondly, the word “alias” was not used. Also, the two names were relevant because the defendant acknowledged his double identity at the preliminary hearing. Cf. People v. Fognini, 47 Ill.2d 150, 265 N.E. 2d 133 (1970); and see the point of law in Castle v. State, 305 So. 2d 794, 797 (Fla. 4th DCA 1974). Therefore, no prejudice has been shown.
Affirmed.
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Eliceo Rodriguez v. State, 413 So. 2d 1303 (Fla. 3d DCA 1982)…ez, also known as Eliceo Agosta, also known as Enrique Santiago, also known as Johnny.” The term “alias” was not used and the defense itself elicited testimony from its own witness that Rodriguez also went by the name of “Johnny.” See Lamb v. State, 354 So. 2d 124 (Fla. 3d DCA 1978). Accordingly, any error in the failure to strike the defendant’s other identities from the indictment was harmless. See Sec. 924.33, Fla. Stat. Upon careful review of all the points raised on appeal, the convictions and sentences…
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D'Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984)…have examined appellants other points on appeal, and find them to be without merit. Delap v. State, 440 So. 2d 1242, 1254 (Fla.1983); Tascano v. State, 393 So. 2d 540 (Fla.1980); Lee v. State, 410 So. 2d 182, 183-4 (Fla. 2d DCA 1982); Lamb v. State, 354 So. 2d 124 (Fla. 3d DCA 1978). Accordingly, the judgments and convictions appealed from are AFFIRMED. ERVIN, C.J., and NIMMONS, J., concur. . Appellant was arrested for the instant offenses on November 29, 1982. . It is clear from the record that the assis…
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Highsmith v. State, 580 So. 2d 234 (Fla. 1st DCA 1991)…admission of aliases was not per se reversible error, and that reversible prejudice existed only because the reference to Lee’s aliases was accompanied by [*236] testimony that they had been obtained from an FBI “rap” sheet. See also Lamb v. State, 354 So. 2d 124 (Fla.3d DCA 1978) and Rodriguez v. State, 413 So. 2d 1303 (Fla.3d DCA 1982) (no prejudice exists where the actual term “alias” was not employed). Here, a review of the record indicates that the witness who testified to Hi-ghsmith’s use of false nam…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Darion Northrup Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1974)
- United States v. Grayson, 166 F.2d 863 (2d Cir. 1948)
- D'Allessandro v. United States (two cases), 90 F.2d 640 (3d Cir. 1937)