Dodson v. State, s. 76-2135 and 77-158
| Decision Date | 21 March 1978 |
| Docket Number | Nos. 76-2135 and 77-158,s. 76-2135 and 77-158 |
| Citation | 356 So.2d 878 |
| Parties | William Earl DODSON, 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., and Ira N. Loewy, Asst. Atty. Gen., for appellee.
Before KEHOE, J., and BOYD, JOSEPH A., JR., Associate Judge and CHARLES CARROLL (Ret.), Associate Judge.
By appeal No. 76-2135, the defendant below seeks reversal of his conviction of grand larceny, the theft of a privately-owned automobile. On the trial which was before a jury, the State produced evidence in support of the charge, including testimony of an arresting officer that the defendant had admitted to him the theft of the car. The defendant testified. On direct examination his attorney questioned him regarding a conviction for auto theft twelve years previous, which the defendant admitted. His attorney then asked the defendant if he had been convicted of "other crimes" and of "other felonies", to which the defendant answered in the affirmative.
On cross-examination the prosecutor interrogated the defendant as to such "other crimes", bringing out that they included another car theft, and thefts of property on breaking and entering.
Appellant contends the allowance of such cross-examination, over objection, deprived the defendant of a fair trial. We cannot agree. No reversible error was thereby committed. Defendant's attorney opened the door. Shea v. State, 167 So.2d 796 (Fla. 3d DCA 1964); Martin v. United States, 404 F.2d 640, 642-643 (10th Cir. 1968).
By questions on direct examination of the defendant his attorney had created basis for an inference that there was one prior conviction for auto theft and that there were other crimes, i. e., crimes other than theft. The prosecutor, by cross-examination, sought to and did establish that such other crimes included auto theft and theft of other properties. Crimes of that kind, as distinguished from acts of violence, "are universally regarded as conduct which reflects adversely on a man's honesty and integrity". Gordon v. United States, 127 U.S.App.D.C. 343, 383 F.2d 936 (1967). That gave that evidence of other crimes materiality. Williams v. State, 110 So.2d 654 (Fla.1959). Accordingly, the judgment appealed from is affirmed.
Appeal No. 77-158 is from an order revoking the defendant's probation based on his above...
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Robertson v. State
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Robertson v. State
...life, he opened the door to questioning about a heroin deal he had arranged two days prior to the instant offenses); Dodson v. State, 356 So.2d 878, 879 (Fla. 3d DCA 1978)(where questions on direct examination of defendant created a basis for inference that there was one prior conviction fo......
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Fotopoulos v. State
...the defendant concerning the convictions in order to negate any false impression given. See Leonard, 386 So.2d at 52; Dodson v. State, 356 So.2d 878 (Fla. 3d DCA), cert. denied, 360 So.2d 1248 (Fla.1978); cf. McCrae v. State, 395 So.2d 1145, 1151 (Fla.1980) (although the scope of cross-exam......
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Mosley v. State, 98-1502.
...has the right to correct so that the jury will not be misled. See Brown v. State, 579 So.2d 898 (Fla. 4th DCA 1991); Dodson v. State, 356 So.2d 878 (Fla. 3d DCA 1978); Hernandez v. State, 569 So.2d 857 (Fla. 2d DCA 1990); Davis v. State, 216 So.2d 87 (Fla. 2d DCA 1968); Allred v. State, 642......