Crews v. State, 76-1726

Decision Date27 December 1977
Docket NumberNo. 76-1726,76-1726
CitationCrews v. State, 353 So.2d 210 (Fla. App. 1977)
PartiesDonald S. CREWS, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Jack R. Nageley, Miami Beach, for appellant.

Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., for appellee.

Before HENDRY, C. J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

Donald Crews seeks reversal of his conviction for robbery following a jury trial and first urges as reversible error the denial of his motion for mistrial after the prosecution allegedly introduced evidence of another crime for which he was acquitted.

Defendant in the instant case was charged with the robbery of a 7-11 Store on July 18, 1975 located in the same vicinity of a Lil' General Store which was robbed at about the same time on the same date.Defendant was charged with the robbery of the Lil' General Store and was acquitted.During his trial for the 7-11 Store robbery, the prosecutor asked Detective Cameron the following question:

"Q Did you have occasion, sir, to become involved in the investigation of a robbery that occurred at the Lil' General Store out on West Dixie Highway?

"A Yes, sir."

Defense counsel objected and moved for a mistrial.A sidebar conference was held at which the prosecutor explained that he meant to say 7-11 Store instead of Lil' General Store and requested that he be allowed to reask the question, this time using 7-11 Store instead of Lil' General Store.The motion for mistrial was denied and Detective Cameron was admonished by the trial judge not to mention anything in regard to the Lil' General Store robbery.The prosecutor then questioned Detective Cameron "Q (By Mr. Godwin) Let me ask you this question again: In the course of your official capacity, did you become involved in the...

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5 cases
  • Stanley v. State, 77-500
    • United States
    • Florida District Court of Appeals
    • March 21, 1978
    ...is governed by the invited error rule, supra, as well as by Hutchins v. State, 334 So.2d 112 (Fla. 3d DCA 1976), and Crews v. State, 353 So.2d 210 (Fla. 3d DCA 1977), which cases hold that reversible error cannot be predicated upon pure speculation or mere conjecture. Stanley's contention t......
  • Wilkins v. State, 82-806
    • United States
    • Florida District Court of Appeals
    • March 1, 1983
    ...412 So.2d 470 (Fla.1982); Jacobson v. State, 375 So.2d 1133 (Fla. 3d DCA 1979), cert. denied, 385 So.2d 758 (Fla.1980); Crews v. State, 353 So.2d 210 (Fla. 3d DCA 1977), cert. denied, 359 So.2d 1212 ...
  • Jacobson v. State, 78-312
    • United States
    • Florida District Court of Appeals
    • October 9, 1979
    ...a crime. Sullivan v. State, 303 So.2d 632 (Fla.1974), cert. denied 428 U.S. 911, 96 S.Ct. 3226, 49 L.Ed.2d 1220 (1976); Crews v. State, 353 So.2d 210 (Fla. 3d DCA 1977), cert. denied 359 So.2d 1212 (Fla.1978); Phelps v. State, 353 So.2d 1221 (Fla. 3d DCA 1977), cert. denied 362 So.2d 1055 (......
  • Nunez v. State
    • United States
    • Florida District Court of Appeals
    • February 13, 1979
    ...that he was prejudiced so that he could not receive a fair trial because of this knowledge on the part of the jury. Cf. Crews v. State, 353 So.2d 210 (Fla.3d DCA 1977). The fourth point on appeal urges that the evidence was insufficient to show defendant's control over the contraband in the......
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