Heisterman v. State
| Decision Date | 24 February 1976 |
| Docket Number | No. 75-974,75-974 |
| Citation | 327 So.2d 839 |
| Court | Florida District Court of Appeals |
| Parties | Robert Jacob HEISTERMAN, Appellant, v. The STATE of Florida, Appellee. |
Quinn & Payne, Key West, for appellant.
Robert L. Shevin, Atty. Gen., and Ira Loewy, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
The appellant was found guilty by a jury of: (1) assault with intent to commit murder in the first degree, and (2) shooting into an occupied dwelling. He received a sentence of five years in the state prison on the first charge and a sentence of five years probation on the second charge, the sentences to run consecutively.
Six points have been raised on this appeal. Each will be discussed briefly in the order presented. The first point urges error upon the denial of defendant's motion to dismiss the information on the ground that the information does not state sufficient facts. See Hamilton v. State, 129 Fla. 219, 176 So. 89, 112 A.L.R. 1013 (1937). We hold that the trial judge properly considered the Statement of Particulars at the time the motion was presented. See State v. Davis, Fla.1971, 243 So.2d 587. There was no error in denying the motion to dismiss the information. See State v. Moss, Fla.App.1968, 206 So.2d 692.
The second point questions the sufficiency of the evidence to support the verdict. This point is argued with the third point, which urges that the cumulative effect of all the evidence raises a doubt as to the defendant's mental competency both at the time of the offenses and the time of trial. Neither of these points presents reversible error. See Martin v. State, Fla.App.1975, 323 So.2d 666. It should be noted that these points were not presented in the trial court. See State v. Barber, Fla.1974, 301 So.2d 7.
Appellant's fourth point challenges the propriety of the charge to the jury. In view of defendant's failure to object to the charge, either in full or in any particular, the point does not present reversible error. See FAR 6.7(g).
The fifth point claims that the defendant did not receive a fair trial because of the vigorous cross-examination he sustained when he took the stand. Our reading of the record shows a single objection to cross-examination and convinces us that the cross-examination was proper. See Cross v. State, 96 Fla. 768, 119 So. 380 (1928).
The sixth point urges that the facts proved only one criminal act (i.e., the shooting) and, therefore, that the defendant may...
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Hegstrom v. State
...State, 278 So.2d 307 (Fla. 2dDCA 1973); Yost v. State, 243 So.2d 469 (Fla. 3dDCA 1971) (setting aside the sentence only), with Heisterman v. State, 327 So.2d 839 (Fla. 3dDCA 1976); and Sloan v. State, 323 So.2d 278 (Fla. 2dDCA 1975) (setting aside the judgment). Only Kimbrough v. State, 356......
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State v. Fried, 77-682
...narrowed by, the Bill of Particulars. This was a correct procedure. See State v. Davis, 243 So.2d 587 (Fla.1971), and Heisterman v. State, 327 So.2d 839 (Fla. 3d DCA 1976). After this consideration, the trial court found, as set forth in its order dismissing the Information, that the remain......
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Kimbrough v. State, 76-1511
...was also convicted. See also Sloan v. State, 323 So.2d 278 (Fla.2d DCA 1975) (assault merged into robbery). In Heisterman v. State, 327 So.2d 839 (Fla.3d DCA 1976), the defendant committed only one criminal act in shooting into the occupied dwelling and the court, holding that only the assa......
- Strozier v. State, 75-892