LARA SNYDER
v.
STATE OF FLORIDA
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Evidence of a prior shooting in North Carolina was properly admitted under section 90.404(2)(a) to prove identity in a murder prosecution where ballistic evidence linked both crimes to the same firearm.
[1] Evidence of a prior crime is admissible under the similar fact evidence rule when relevant to prove a material fact in issue such as identity, provided the evidence is no…
Previewing 1 of 1 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“[A]lmost all evidence introduced during a criminal prosecution is prejudicial to a defendant, and a trial judge must balance the import of the evidence with respect to the case of the party offering it against the danger of unfair prejudice.”
Court's statement of the standard for evaluating unfair prejudice under section 90.403, citing Sexton v. State, 697 So. 2d 833, 837 (Fla. 1997).
Snyder was accused of shooting and killing a man. Two days earlier, Snyder admitted to shooting at a man in North Carolina, and a firearms expert dete…
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PER CURIAM.
Snyder claims the trial court abused its discretion when it admitted evidence relating to a North Carolina crime under the similar fact evidence rule, section 90.404(2)(a). In the underlying case, Snyder was accused of shooting and killing a man. In the North Carolina crime, Snyder admitted to shooting at a man two days earlier. The State put forward an expert in firearms who determined the bullets from both crimes were fired from the same gun. Section 90.404(2)(a) allows similar fact evidence to be admitted “when relevant to prove a material fact in issue, including, but not limited to, 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.” The North Carolina case was relevant to prove identity, which was a contested issue at trial. Admission of this evidence was also not unfairly prejudicial under section 90.403. “[A]lmost all evidence introduced during a criminal prosecution is prejudicial to a defendant,” and “a trial judge must balance the import of the evidence with respect to the case of the party offering it against the danger of unfair prejudice.” Sexton v. State, 697 So. 2d 833, 837 (Fla. 1997). We affirm the trial judge’s balancing here; this evidence was important and its admission was not to show bad character. We reject Snyder’s second evidentiary argument without further discussion. AFFIRMED. KELSEY, NORDBY, and LONG, JJ., concur. _____________________________