GREGORY T. HARRIS
v.
STATE OF FLORIDA
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The circuit court's judgment is affirmed.
[1] An expert witness may not offer an opinion on the ultimate fact in issue in an arson case, such as whether a fire was intentionally set.
[2] Admitting testimony that a fire was 'intentional' or 'of incendiary origin' over proper objection constitutes reversible error in an arson prosecution.
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Join FLexlaw to unlock all legal intelligenceGregory Harris, also known as Jerome K. Lockhart, appealed from a judgment entered in the Circuit Court for Hillsborough County.…
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Wayne S. Timmerman, Senior Judge. PER CURIAM.
Affirmed. See Carbajal v. State, 75 So. 3d 258 (Fla. 2011); State v. King, 426 So. 2d 12 (Fla. 1982); Santos v. State, 380 So. 2d 1284 (Fla. 1980); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997); Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991); Budd v. State, 477 So. 2d 52 (Fla. 2d DCA 1985); Hinson v. State, 57 So. 3d 865 (Fla. 1st DCA 2011); McCutcheon v. State, 44 So. 3d 156 (Fla. 4th DCA 2010); Brown v. State, 10 So. 3d 1197 (Fla. 1st DCA 2009); Foss v. State, 834 So. 2d 404 (Fla. 5th DCA 2003); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998).
KHOUZAM, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
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Citator
Cited By
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Lemos v. State (Fla. 5th DCA 2026)…he request that the trial court accept an amendment to the indictment by which she was charged. 1. Florida grants to the circuit courts subject matter jurisdiction over "all felonies." § 26.012(2)(d), Fla. Stat. (2023); see also Carbajal v. State, 75 So. 3d 258, 262 (Fla. 2011) (citing McLean v. State, 2 So. 5, 5 (Fla. 1887)). “Subject matter jurisdiction” means "the [p]ower of a particular court to hear the type of case that is then before it.” Carbajal, 75 So. 3d at 262 (citing Fla. Star v. B.J.F., 530 S…
Authorities Cited (17 total)
- Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009)
- Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004)
- Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002)
- McDONALD v. State, 133 So. 3d 530 (Fla. 2d DCA 2013)
- State v. King, 426 So. 2d 12 (Fla. 1982)
- Carbajal v. State, 75 So. 3d 258 (Fla. 2011)
- McMILLAN v. State, 832 So. 2d 946 (Fla. 5th DCA 2002)
- Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991)
- Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998)
- Budd v. State, 477 So. 2d 52 (Fla. 2d DCA 1985)