DeCastro v. State, 77-1318
| Decision Date | 11 July 1978 |
| Docket Number | No. 77-1318,77-1318 |
| Parties | Bernard Francis DeCASTRO, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., for appellee.
Before HAVERFIELD, C. J., PEARSON, J., and CRAWFORD, GRADY L. (Ret.), Associate Judge.
Bernard Francis DeCastro appeals his conviction of robbery of a convenience store with the use of a firearm.
DeCastro first urges as reversible error the failure of the trial court to instruct the jury that criminal intent (the intent to permanently deprive) is an element of the offense of robbery.
The point lacks merit because this court in Bell v. State, 354 So.2d 1266 (Fla. 3d DCA 1978) held that as defined under Section 812.13, Florida Statutes (1975) robbery is a general intent offense and, therefore, specific intent is no longer a requisite element. In addition, the record reflects that defense counsel raised no objection to the instructions on robbery given by the court.
Appellant also argues that the trial court erred in refusing to have certain testimony read to the jury after it had retired and made a request therefor.
Three eyewitnesses, employees of the convenience store burglarized, testified that in addition to other characteristics they were able to identify appellant by virtue of his facial scars and/or pockmarks. After retiring to deliberate, the jury transmitted to the trial court a note in effect requesting the testimony of the three eyewitnesses given in response to defense counsel's questions with respect to their description of the robber and his facial markings. The court informed the jury that it was not practical to read back only portions of the testimony and all of the testimony would have to be read back which would take too long. The jury deliberated further and returned a verdict of guilty.
Under Fla.R.Crim.P. 3.410, 1 it is within the trial court's discretion to have the court reporter read back testimony of witnesses upon request of the jury. Simmons v. State, 334 So.2d 265, 267 (Fla. 3d DCA 1976). We agree that a reading back of all the eyewitness' testimony in the instant case was impractical, as well as having the court reporter search the entire record and have only those portions of the eyewitness' testimony containing the description of the robber read back to the jury. There being no abuse of...
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Francis v. State
...492, 495 (Fla. 3d DCA 1992) (finding no abuse of discretion where court reporter did not have her notes with her); DeCastro v. State, 360 So.2d 474 (Fla. 3d DCA 1978) (finding no abuse of discretion where it was not practical because testimony was extensive and court reporter was physically......
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Kelley v. State
...court a wide latitude in deciding whether or not to have testimony re-read to jurors upon request. Fla.R.Cr.P. 3.410; DeCastro v. State, 360 So.2d 474 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1365 (Fla.1979); Simmons v. State, 334 So.2d 265 (Fla. 3d DCA 1976). In his fourth point on appe......
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Smith v. State
...exists under the present definition of the crime of robbery as contained in Sec. 812.13, Fla.Stat. (1975). See also DeCastro v. State, 360 So.2d 474 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1365 (1979). Affirmed. 1 It is not necessary to decide whether, even were the rule otherwise, the ......
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Gonzalez v. State, 92-0402
...gives the trial court discretion to have the court reporter read back testimony of witnesses upon request of the jury. DeCastro v. State, 360 So.2d 474 (Fla. 3d DCA1978). A trial court's ruling on a matter within its discretion may or may not be an abuse of discretion, but in my opinion, wo......