ROBERT BUTLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT BUTLER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
348 So. 2d 627
Florida District Court of Appeal, Third District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant was granted a delayed appeal pursuant to Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969). On the appeal, the single point presented urges reversal upon the ground that the original object from which his latent fingerprint was lifted was not produced in court. While no case supporting this proposition has been cited, it should be noted that the evidence showed that the object was not available to the State at the time of trial. No error has been shown. Cf. United States v. Sewar, 468 F. 2d 236 (9th Cir. 1972); United States v. Herndon, 536 F. 2d 1027 (5th Cir. 1976); and Smith v. State, 305 So. 2d 868 (Fla. 3d DCA 1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)…e, 305 So. 2d 868 (Fla. 3d DCA 1975). This is especially true when the original object from which derivative evidence was adduced was not available to the state at the time of trial. Baum v. State, 353 So. 2d 936 (Fla. 3d DCA 1978); Butler v. State, 348 So. 2d 627 (Fla. 3d DCA 1977). Defendant nonetheless contends that this court’s decision in Johnson v. State, 249 So. 2d 470 (Fla. 3d DCA 1971), cert. dischgd., 280 So. 2d 673 (Fla.1973), controls the instant situation. In Johnson, the particular bullet which…
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Baum v. State, 353 So. 2d 936 (Fla. 3d DCA 1978)…o give an opinion based on latent fingerprints where the original objects from which the latent fingerprints were lifted, were not produced in court. This contention is without merit and directly controlled by our recent decision in Butler v. State, 348 So. 2d 627 (Fla. 3d DCA 1977). Also see United States v. Sewar, 468 F. 2d 236 (9th Cir. 1972); United States v. Herndon, 536 F. 2d 1027 (5th Cir. 1976). The second point is that the court erred in imposing separate consecutive sentences for robbery and for un…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- United States v. Herndon, 536 F.2d 1027 (5th Cir. 1976)
- United States v. Sewar, 468 F.2d 236 (9th Cir. 1972)
- Smith v. State, 305 So. 2d 868 (Fla. 3d DCA 1975)