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State Courts -
Florida - January 30, 2008
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Ventura v. State, No. 3D05-872,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 30, 2008, Opinion Filed
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Overview: Given the overwhelming evidence of guilt, and absent a contemporaneous objection to a detective's comment on defendant's silence, no harmful error resulted from the otherwise improper testimony. Further, documentary evidence was properly admitted in support of defendant's sentence, pursuant to ? 90.803(8), Fla. Stat. (2005).
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White v. State, No. 4D06-3027,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 30, 2008, Decided
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Overview: Victim's testimony that he had a wallet on his person before several persons attacked him, and officer's testimony that victim had no wallet when he was found, was insufficient to convict defendant of robbery, ? 812.13 Fla. Stat. (2004)), as victim's memory of assault was hazy and wallet could have fallen out of his pocket as he was being dragged.
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