BARNEY EVANS BROWN AND EDWIN LAMPKIN, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that testimony regarding a subsequent robbery was admissible and that identification procedures were not improper.
[1] Evidence of other crimes is admissible when it is relevant to the issues of the case, even if it tends to show that the defendant committed other crimes.
[2] Identification procedures are not improper when the evidence, considered as a whole, is not objectionable.
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Join FLexlaw to unlock all legal intelligenceAppellants were convicted of rape after entering a victim's residence, robbing the family, and raping the victim. They subsequently robbed a service s…
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The appellants were indicted for rape. They were found guilty by a jury, with a recommendation of mercy. The court adjudged them guilty and sentenced them to life imprisonment. Upon consideration of their appeal we find no reversible error has been made to appear, and affirm.
The appellants, two young black males, entered the residence of the victim and her parents on a certain night at about 2:00 A.M. They went into the room of the victim’s mother and robbed her. They then entered the bedroom where the victim was sleeping, and proceeded to rape her. They remained in the house for four hours, until approximately 6:00 A.M. The victim’s father, returned from his night employment shortly before 6:00 A.M. The appellants robbed him and appropriated his automobile in which they departed, proceeding in a northerly direction. The victim and her father gave pursuit in the victim’s automobile, but were unable to overtake the appellants.
At approximately 6:30 A.M. the appellants robbed the attendant of a gasoline service station north of the Dade-Broward County line. At trial the service station attendant testified with relation to the robbery, and that the men were using the automobile which was shown to have belonged to the victim’s father. The attendant identified the appellants. The fingerprints of the appellants were found on that automobile and also in the victim’s residence.
The appellants contend first that it was error to permit testimony relating to the service station robbery and, second, that the evidence relating to the identification involved improper procedures. We find those contentions to be without merit. The testimony relating to the conduct of *14the defendants at the service station was admissible on the ground of its relevance. Williams v. State, Fla.1959, 110 So.2d 654; Gagnon v. State, Fla.App.1968, 212 So.2d 337. Added relevance is afforded here, where the appellants were challenging the evidence relating to identification. On considering the latter evidence as a whole we find no impropriety therein.
Affirmed.
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Citator
Cited By
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Barney Evan Brown v. State, 303 So. 2d 422 (Fla. 3d DCA 1974)…PER CURIAM. The appellant was found guilty of rape and sentenced to life imprisonment. His appeal was considered by this court and the judgment and sentence were affirmed. Brown v. State, Fla.App.1971, 250 So. 2d 13. Appellant thereafter filed a pro se motion to vacate judgment and sentence which was denied by the trial court. Upon appeal, appellant was provided counsel by the trial court upon proof of insolvency. From the denial of the motion to vacate judgm…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Adler v. Copa Corp., 212 So. 2d 337 (Fla. 3d DCA 1968)