Dibble v. State, 76-787
| Decision Date | 15 July 1977 |
| Docket Number | No. 76-787,76-787 |
| Citation | 347 So.2d 1096 |
| Parties | Rita K. DIBBLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joseph F. McDermott, St. Petersburg, for appellant.
Robert L. Shevin, Atty. Gen., and Davis G. Anderson, Jr. and Mary Jo Gallay, Asst. Attys. Gen., Tampa, for appellee.
Appellant was tried on a charge of robbery and was found guilty of grand larceny. Judgment and sentence were entered on the jury verdict, which judgment and sentence is appealed.
The salient facts involved are that one Detective Herold was posing as a drunk derelict who had passed out on the bottom steps of the stairway leading up to the appellant's residence. Detective Herold had $102 in his wallet which had been previously sprayed with a chemical known as "Search-Clue." This detection powder is visible as green in color when shown under a black light.
Detective Herold testified that he heard a door open at the top of the stairs and saw a male and appellant coming down the stairs toward him. The male jostled him and, in effect, informed him that he was on private property and told him to leave. He continued to act like he was passed out. The two subjects went back upstairs and he heard a door close. Within a few minutes he heard the door open again and the male and appellant came back down the stairs. The detective had his hand lying over his hip pocket which contained the wallet. The male moved the detective's hand away from the pocket, struggled with him and took the detective's left hand, shoved it down on the step and leaned on it as he pulled the wallet out of his pocket. The detective tried to push the male's hand away to get back and protect his wallet, but the male was of considerable size and weight and was able to take the wallet out of his pocket.
The male and appellant ascended the stairs to the top of the landing. There were stairs leading down on the other side of the landing. When the male and appellant descended on the other side out of sight, the detective notified the standby officers, by way of a communication system on his person, that they had taken his wallet. The male and appellant were arrested at the bottom of the stairs in the rear of the building by the other officers.
The appellant was advised of her Miranda rights and upon examination the "Search-Clue" appeared on one of her hands as green in color.
At the trial Detective Herold testified that after advising appellant of her Miranda rights ...
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Audano v. State
...that the former offense was actually committed by the defendant. State v. Norris, 168 So.2d 541, 543 (Fla. 1964); Dibble v. State, 347 So.2d 1096, 1097 (Fla. 2d DCA 1977). In determining the admissibility of collateral crime evidence, the trial court must make two determinations: (1) whethe......
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...DCA 1981); Armstrong v. State, 377 So.2d 205 (Fla. 2d DCA 1979); Donaldson v. State, 369 So.2d 691 (Fla. 1st DCA 1979); Dibble v. State, 347 So.2d 1096 (Fla. 2d DCA 1977); Charles Ehrhardt, Florida Evidence Sec. 608.2 (1992). We need not decide, however, whether such points were properly pr......
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Com. v. Adames
...fluorescent powder for tracing purposes. The latter is commonly admitted in evidence without expert opinion. See Dibble v. State, 347 So.2d 1096, 1097 (Fla.Dist.Ct.App.1977); Rusher v. State, 256 Ind. 520, 270 N.E.2d 748, 749 (1971); State v. Washington, 533 So.2d 392, 393 (La.Ct.App.1988);......
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Chapman v. State, 81-1351
...the defendant and that crime. State v. Norris, 168 So.2d 541 (Fla.1964). Citing to State v. Norris, the court in Dibble v. State, 347 So.2d 1096 (Fla. 2d DCA 1977) reversed a conviction where there was no proof that the similar crime was committed by the person on trial. Accord Franklin v. ......