JOSEPH EARL DREISCH, JR., A/K/A JOSEPH DREISCH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Rejecting the defendant’s primary contentions on appeal from his convictions of grand theft and the publication of false information, we hold that (a) his proffered instruction on the subject was properly refused because, unlike the situations in Rodriguez v. State, 396 So. 2d 798 (Fla. 3d DCA 1981), and Dudley v. State, 405 So. 2d 304 (Fla. 4th DCA 1981), on which he relies, there was no evidence that he had an honest belief that he had a right to the property in question and (b) the evidence of another transaction was properly admitted under Section 90.404(2)(a), Florida Statutes (1981)1 to show his “intent ... knowledge ... [and] absence of mistake or accident,” which were all material facts in issue. There is no other reversible error. Affirmed.
. Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.
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Loring v. State, 674 So. 2d 165 (Fla. 4th DCA 1996)…eeper with the City of Pompano Beach for three years. Therefore, the giving of the requested instruction under the circumstances would have served only to confuse and mislead the jury. See Butler v. State 493 So. 2d 451 (Fla.1986); Dreisch v. State, 436 So. 2d 1051 (Fla. 3d DCA 1983). We [*168] reject appellant’s argument, and affirm the trial court in this regard. We also affirm the final issue raised by appellant that it was error for the trial court not to deduct the amount of insurance premiums which she…
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Authorities Cited
- Rodriguez v. State, 396 So. 2d 798 (Fla. 3d DCA 1981)
- Dudley v. State, 405 So. 2d 304 (Fla. 4th DCA 1981)