Spencer v. State
| Decision Date | 22 August 1997 |
| Parties | Leonard Spencer v. State NO. 90,578 |
| Court | Florida Supreme Court |
To continue reading
Request your trial
3 cases
-
Mackey v. State
... ... deprive the defendant of a fair and impartial trial, materially contribute to the conviction, be so harmful or fundamentally tainted as to require a new trial, or be so inflammatory that they might have influenced the jury to reach a more severe verdict than that it would have otherwise." Spencer v. State, 645 So.2d 377, 383 (Fla.1994). The remark does not meet that standard. Here, the court sustained the objection to prosecutor's single comment, and the egregious nature of an improper reference to other witnesses was allayed, as the comment, considered in context, addressed the jury's ... ...
-
Tricarico v. State, s. 97-1694
... ... As in the present case the jury was instructed on two possible theories, the verdict failed to state on which ground the jury relied, and the alternative crime did not exist ... In Spencer v. State, 693 So.2d 1001 (Fla. 4th DCA), rev. denied, 698 So.2d 1225 (Fla.1997), we reversed a murder conviction on a general verdict because the jury was instructed on both attempted first degree, felony murder and premeditated murder, and both theories were argued to the jury. We refused to ... ...
-
Sutton v. State
... ... Spencer v. State, 693 So.2d 1001 (Fla. 4th DCA), rev. denied, 698 So.2d 1225 (Fla.1997) ... Accordingly, the judgment of conviction is hereby affirmed ... PADOVANO, J., concurs ... BENTON, J., dissents ... --------------- ... 1 The law presumes that the ... ...