Farmer v. State, 74--1617
| Decision Date | 09 January 1976 |
| Docket Number | No. 74--1617,74--1617 |
| Citation | 326 So.2d 32 |
| Parties | Darryl FARMER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard S. Rhodes, Orlando, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was convicted of first degree murder. The only issue he raises on appeal is the sufficiency of the evidence to show premeditation. We conclude that this point is without merit.
We comment briefly on what might appear, at first blush, to be fundamental error even though not argued. Appellant testified in his own behalf, relating a version of the incident which, if believed, would tend to partially (if not totally) exonerate him. Upon cross-examination the prosecutor elicited from appellant an admission that he had remained silent at the preliminary hearing. This was improper. United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975); Bennett v. State, 316 So.2d 41 (Fla.1975); Jones v. State, 200 So.2d 574 (Fla.App.3rd, 1967). Defendant's counsel initially objected, but then withdrew the objection, apparently because he intended to show on redirect examination that appellant's silence at the preliminary hearing was the result of advice of counsel. There was no motion for a mistrial, no motion to strike this testimony, nor any motion for the court to instruct the jury to disregard such testimony. In short, there was no Judicial error, and we are not inclined to hold it as Fundamental error in view of defense counsel's tactical decision to withdraw his objection.
Affirmed.
To continue reading
Request your trial
-
Tsavaris v. Scruggs
...So.2d 857 (Fla. 3rd DCA 1976), Cert. dismissed Fla., 342 So.2d 1102 Cridland v. State, 338 So.2d 30 (Fla. 3rd DCA 1976) Farmer v. State, 326 So.2d 32 (Fla. 4th DCA 1976), Cert. dismissed, Fla., 340 So.2d 927 Sylvester v. State, 341 So.2d 203 (Fla. 4th DCA 1977) Many of these decisions are p......
-
Porter v. State
...(Fla. 1st DCA 1977) (case no. FF-59, opinion filed August 18, 1977); Clark v. State, 336 So.2d 468 (Fla. 2d DCA 1976); Farmer v. State, 326 So.2d 32 (Fla. 4th DCA 1976). ...
-
Willinsky v. State
...We then held that the disclosure of silence at arrest in Galasso was error, but harmless under the circumstances. In Farmer v. State, 326 So.2d 32 (Fla. 4th DCA 1976), the prosecutor brought out on cross-examination that defendant had remained silent at a preliminary hearing. The Court reco......
-
State v. Farmer, 80-379
...to Florida Rule of Criminal Procedure 3.620, which was denied on May 16, 1975. Farmer's conviction was affirmed, Farmer v. State, 326 So.2d 32 (Fla. 4th DCA 1976), cert. dismissed, 340 So.2d 927 (Fla.1976). On March 17, 1976, sua sponte, the trial judge, William C. Gridley, filed a memorand......