Garmise v. State, 74--1134
Decision Date | 08 April 1975 |
Docket Number | No. 74--1134,74--1134 |
Citation | 311 So.2d 747 |
Parties | Lloyd GARMISE, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Whitman & Wolfe, Miami, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
The defendant, Lloyd Garmise, seeks review of a conviction for first degree murder and sentence entered pursuant to a jury verdict and upon an information charging same.
The defendant presents several points on appeal for our consideration. First, he contends that the court erred in denying his motion for a directed verdict of acquittal at the conclusion of all of the evidence. We note at the outset that the defendant is not challenging the weight and sufficiency of the evidence as to the jury verdict. When a defendant moves for a directed verdict of acquittal, he admits all facts in evidence adduced and every conclusion favorable to the State fairly and reasonably inferable therefrom. Lett v. State, Fla.App.1965, 174 So.2d 568, 569; Devlin v. State, Fla.App.1965, 175 So.2d 82. A motion for judgment of acquittal should not be granted unless it is apparent that no legally sufficient evidence has been submitted upon which the jury could legally find a verdict of guilty. Shifrin v. State, Fla.App.1968, 210 So.2d 18. See also, Holland v. State, 1937, 129 Fla. 363, 176 So. 169; Adams v. State, 1939, 138 Fla. 206, 189 So. 392. We find that there was substantial and sufficient competent evidence presented to support the denial by the trial court of the defendant's motion for acquittal.
The defendant's second point is that the court erred in admitting into evidence a number of color photographs of the body of the deceased which, the defendant argues, were inflammatory, highly prejudicial and of no probative value. As a general rule, the admissibility of photographic evidence is within the broad discretion of the trial judge. The discretion will not be disturbed by an appellate court unless clearly abusive or patently in error. Reed v. State, Fla.App.1969, 224 So.2d 364. Photographs taken at the scene of the crime are admissible in evidence if they tend to illustrate or explain the testimony of a witness 1 or may be of assistance to the jury in understanding the testimony. Belger v. State, Fla.App.1965, 171 So.2d 574. The ultimate test in judging admissibility is one of relevancy. Wilkins v. State, Fla.1963, 155 So.2d 129. '. . . (W)hen photographs are otherwise relevant they will not be held incompetent merely because they tend to prejudice the jury.' Leach v. State, Fla.1961, 132 So.2d 329, 331. In the instant case the photographs were relevant for the jury's consideration and hence, admissible.
The third point raised by the defendant is that the court erred in denying the defendant's requested jury instructions regarding the weight to be given defendant's own testimony as to self defense. The defendant requested the following charge:
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State v. Garmise
...recommendation and sentenced the defendant to life imprisonment. The defendant's conviction was affirmed on appeal. Garmise v. State, 311 So.2d 747 (Fla. 3d DCA 1975), cert. dismissed 328 So.2d 841 (Fla. 1976), cert. denied 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 On June 27, 1978, the de......
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LaPolla v. State
...evidence on which to base a guilty verdict is absent. E.g., Everett v. State, 339 So.2d 704 (Fla. 3d DCA 1976); Garmise v. State, 311 So.2d 747 (Fla. 3d DCA 1975). In reviewing the denial of a motion for judgment of acquittal, the appellate court must regard all facts introduced in evidence......
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Stanley v. State, 77-500
...deceased victim. We find that their relevancy supported their admission. Bauldree v. State, 284 So.2d 196 (Fla.1973); Garmise v. State, 311 So.2d 747 (Fla. 3d DCA 1975); Johnson v. State, supra. Stanley has failed to demonstrate that the admission of the photographs constituted an abuse of ......
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Kirby v. State, 91-100
...As a general rule, the admissibility of photographic evidence is within the broad discretion of the trial judge. Garmise v. State, 311 So.2d 747 (Fla. 3d DCA 1975), cert. denied, 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 (1976). An appellate court will not disturb the trial judge's decisio......