Lowman v. State, No. 76-2262

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation353 So.2d 652
PartiesCharles LOWMAN, Appellant, v. The STATE of Florida, Appellee.
Docket NumberNo. 76-2262
Decision Date27 December 1977

Page 652

353 So.2d 652
Charles LOWMAN, Appellant,
v.
The STATE of Florida, Appellee.
No. 76-2262.
District Court of Appeal of Florida, Third District.
Dec. 27, 1977.

Bennett H. Brummer, Public Defender, Paul Morris, Asst. Public Defender, and Thomas Wills, Special Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Margarita G. Esquiroz and Jose R. Rodriguez, Asst. Attys. Gen., for appellee.

Before NATHAN and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

Appellant, defendant below, was convicted by a jury of robbery (Count I) and display of a firearm while committing a felony (Count II). He was sentenced to twenty years imprisonment on Count I and fifteen years on Count II, the second sentence to run concurrently with the first. Subsequently the court suspended the sentence

Page 653

on Count II. It is from this conviction and his sentence that defendant appeals.

While attempting to depart from the home of his girlfriend, defendant passed through the living room in which the girl's mother lay sleeping. The mother awakened, defendant pointed a gun at her, and stole her wallet.

Count I of the information charged defendant with taking the wallet and the cash therein. During the course of trial, the girlfriend's father testified that another $150 in cash, a watch and a gold cross were also missing from the house. Before closing arguments, defense counsel requested the court to instruct the jury to disregard the testimony regarding the cash, watch and cross as pertaining to a separate offense not charged in the information. The request was denied. Defense counsel renewed his request for a curative instruction and moved for a mistrial in the alternative. Both motions were denied.

Defendant contends that the trial court committed reversible error in denying his motion to instruct the jury to disregard a collateral crime or in the alternative to declare a mistrial; that since the adjudication of guilt on Count I is void, the trial court erred in adjudicating defendant guilty on Count II because conviction on Count II is dependent on conviction on Count I; and that the court erred in entering a suspended sentence on Count II since both convictions arose from the same transaction.

In regard to defendant's first contention, the record reveals that the defense never objected to the elicitation of the testimony herein challenged as immaterial and prejudicial, nor moved to strike it. On the contrary,...

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6 practice notes
  • Dean v. State, No. 79-937
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 1983
    ...more than adequate jury instructions which, in effect, covered the substance of the requested Page 493 charge. See Lowman v. State, 353 So.2d 652, 653 (Fla. 3d DCA Finally, the defendant contends that the trial court committed reversible error in denying the defendant's pre-trial motion to ......
  • J.S. v. State, Nos. 89-382
    • United States
    • Court of Appeal of Florida (US)
    • May 7, 1991
    ...evidence both during the examination of the police officer and during the attempted impeachment of the juvenile) with Lowman v. State, 353 So.2d 652 (Fla. 3d DCA 1977) and Kiraly v. State, 212 So.2d 311, 313 (Fla. 3d DCA) (where defense counsel failed to object to the challenged evidence an......
  • Jones v. State, Nos. 88-526
    • United States
    • Court of Appeal of Florida (US)
    • November 1, 1988
    ...49 L.Ed.2d 1220 (1976); Stanley v. State, 357 So.2d 1031, 1034 (Fla. 3d DCA), cert. denied, 364 So.2d 891 (Fla.1978); Lowman v. State, 353 So.2d 652, 653 (Fla. 3d DCA AFFIRMED. ...
  • Lindeman v. State, No. 89-1562
    • United States
    • Court of Appeal of Florida (US)
    • July 3, 1990
    ...1st DCA 1988); Kelley v. State, 486 So.2d 578 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Lowman v. State, 353 So.2d 652 (Fla. 3d DCA...
  • Request a trial to view additional results
6 cases
  • Dean v. State, No. 79-937
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 1983
    ...more than adequate jury instructions which, in effect, covered the substance of the requested Page 493 charge. See Lowman v. State, 353 So.2d 652, 653 (Fla. 3d DCA Finally, the defendant contends that the trial court committed reversible error in denying the defendant's pre-trial motion to ......
  • J.S. v. State, Nos. 89-382
    • United States
    • Court of Appeal of Florida (US)
    • May 7, 1991
    ...evidence both during the examination of the police officer and during the attempted impeachment of the juvenile) with Lowman v. State, 353 So.2d 652 (Fla. 3d DCA 1977) and Kiraly v. State, 212 So.2d 311, 313 (Fla. 3d DCA) (where defense counsel failed to object to the challenged evidence an......
  • Jones v. State, Nos. 88-526
    • United States
    • Court of Appeal of Florida (US)
    • November 1, 1988
    ...49 L.Ed.2d 1220 (1976); Stanley v. State, 357 So.2d 1031, 1034 (Fla. 3d DCA), cert. denied, 364 So.2d 891 (Fla.1978); Lowman v. State, 353 So.2d 652, 653 (Fla. 3d DCA AFFIRMED. ...
  • Lindeman v. State, No. 89-1562
    • United States
    • Court of Appeal of Florida (US)
    • July 3, 1990
    ...1st DCA 1988); Kelley v. State, 486 So.2d 578 (Fla.), cert. denied, 479 U.S. 871, 107 S.Ct. 244, 93 L.Ed.2d 169 (1986); Lowman v. State, 353 So.2d 652 (Fla. 3d DCA...
  • Request a trial to view additional results

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