HORACE WADE, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTION, RESPONDENT
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The court held that the trial court did not err in admitting evidence of a collateral crime, in sentencing for aggravated assault, or in its handling of the prosecutor's argument.
Appellant was convicted of robbery and aggravated assault, with sentences imposed for both offenses. The appellant challenged the admission of evidenc…
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This cause is before the court upon a late appeal granted to the appellant, Horace Wade, who, along with others, was charged and convicted of the offense of robbery and aggravated assault. Each was sentenced to life imprisonment for the robbery and to five years, concurrently, for aggravated assault.
The appellant asserts error directed to the ruling of the trial court permitting the state to submit evidence relating to a collateral crime, alleged to have been committed by the defendant. Under the evidence in this case, the trial judge was eminently correct under the authority of Williams v. State, 110 So.2d 654 (Fla.1959).
Appellant further challenges the validity of his sentence imposed relating to the charge of aggravated assault. The record reveals that following the robbery, *379in which Wade employed the use of a pistol, he proceeded to pistol whip his victim about the head and then to kick him in the eye. Such conduct constituted the separate offense of aggravated assault. Kish v. State, 198 So.2d 639 (Fla.App.1967).
Wade further charges prejudicial error relating to the argument of the prosecuting attorney. The argument complained of was fair comment based upon the evidence in this case. One who commits crimes of violence may not in reason expect the prosecuting attorney to he complimentary in his address to the jury.
It follows that the judgments and sentences appealed from are affirmed.
WALDEN and MAGER, JJ„ and MELVIN, WOODROW, M., Associate Judge, concur.
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Gibson v. State, 351 So. 2d 948 (Fla. 1977)…2d 481 (Fla.1975); State v. Jones, 204 So. 2d 515 (Fla.1967); Tillman v. State, 44 So. 2d 644 (Fla.1950). [*951] The comments referred to in point (b)4 had a basis in the record and were therefore proper. Songer v. State, supra; Wade v. Wainwright, 266 So. 2d 378 (Fla. 4th DCA 1972); Roundtree v. State, 229 So. 2d 281 (Fla. 1st DCA 1969). As to point (c), appellant’s counsel not only failed to object to the procedure but acquiesced in it after full discussion with the prosecutor and the bench. A more serio…
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Hampton v. State, 336 So. 2d 378 (Fla. 1st DCA 1976)…(1970). . Wilson v. State, 221 So. 2d 1 (Fla.App. 1st 1969). . Phillips v. State, 120 Fla. 134, 162 So. 346 (1935). .Meeks v. State, 289 So. 2d 479 (Fla.App. 3rd 1974); Tarpley v. State, 258 So. 2d 301 Fla.App. 3rd 1972), and Wade v. Wainwright, 266 So. 2d 378 (Fla.App. 4th 1972).…
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Cooper v. Louie L. Wainwright, 308 So. 2d 182 (Fla. 4th DCA 1975)…nting of the pistol at James I. Jones. We recognize that in some circumstances a person might be sentenced for aggravated assault and also for use óf a firearm while committing a felony. For example see the case of Wade v. Wainwright, Fla.App. 1972, 266 So. 2d 378, wherein this court held that pistol-whipping a victim following a robbery was the separate offense of aggravated assault and separate sentences for the robbery and the aggravated assault were proper. However in this case, the same act of pointing t…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Kish v. State, 198 So. 2d 639 (Fla. 3d DCA 1967)