Thursday, April 16, 2009

April 10, 2009

Masaka, 34 FLW 664, 2nd DCA, Attempted manslaughter - error to exclude statements made by uncharged passenger during the police interview where the passenger admitted that he had a gun matching that used to shoot cab driver in his pocket earlier on the day of the incident and telling people "I'm fixin to rob somebody", stated he had the gun in his possession used in the shooting after the incident and sold it to a stranger two days later, admitted to changing clothes immediately after the shooting as he knew the police would look for the shooter, and told ofc he did not talk to the cab driver at any time during the cab ride-passenger unavailable to testify at the trial. Relevant to mis-id defense, given cab driver's testimony that person who shot him did not speak at all while he and the other man chatted during the ride, proffered evidence exculpated the defendant and inculpated the uncharged passenger, and self-inculpatory statements were statements against interest and sufficiently corroborated. NEW TRIAL - Also principal instruction improper as one man fled in regards to the plan to get a cab ride without paying, petty theft, when they reached the destination and the other remained in the cab and shot the cab driver

Williams. 34 FLW 685, 4th DCA, PRR no error in imposing PRR sentence for Felony Battery where he was adj. guilty under statute which requires Great Bodily Harm, permanent disability or permanent disfigurement and crime committed could not be committed without the use or threat of physical force or violence.

Leland, 34 FLW 700, 2nd DCA, L & L molestation-other crimes, wrongs or acts - evidence of other incident where def touched victim's 17 year old sister's back, ear and legs not admissible because as those facts did not amount to child molestation, 90.404(2)(b)(2).

DHMSV v. Crane, 34 FLW 708, 1st DCA, even though Def out-of-state DUI could not be used for enhancement in criminal case as is not substantially similar could be used in administrative hearing for license revocation-criminal sentence is separate from administrative license revocation.

The Law Offices of Roger P. Foley, P.A.

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