Fulton v. State

Fulton v. State, 352 So. 2d 581 (Fla. Dist. Ct. App. 1977)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 6, 1977
Docket: No. 76-1487
Judges: Pearson and Nathan, Jj., and Charles Carroll, (Ret.), Associate Judge
Citations: 352 So. 2d 581

Cited by 4 2 descriptions by later courts

Opinion

352 So.2d 581 (1977)

Eugene FULTON, Appellant,

The STATE of Florida, Appellee.

No. 76-1487.

District Court of Appeal of Florida, Third District.

December 6, 1977.

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen. and Jose R. Rodriguez, Legal Intern, for appellee.

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

PER CURIAM.

By information, the appellant was charged in separate counts with robbery, attempted murder, and unlawful possession of a firearm while engaged in a criminal offense. On a jury trial, he was acquitted of the charge of the attempt to commit murder and was convicted on the other charges. Judgment was entered thereon. The court imposed a sentence of imprisonment for thirty years on the robbery conviction and for three years on the conviction for the third offense mentioned above, with provision for the sentences to be served concurrently. The defendant appealed.

On consideration of the record, briefs, and argument, we hold that no reversible error has been shown. In the circumstances presented, the trial court was not in error in permitting the victim to testify without the victim first being submitted to psychiatric examination. The court properly denied the defendant's request that the victim be so examined, based on unsubstantiated reports relating to mental instability of the victim. The refusal of the trial court to give the standard jury charges was not reversible error in this case, where charges given by the court were sufficient under the law applicable to the case. Yost v. State, 243 So.2d 469 (Fla.3rd DCA 1971); Dunlap v. State, 252 So.2d 292 (Fla.2nd DCA 1971); White v. State, 324 So.2d 115 (Fla.3rd DCA 1975). The imposition of separate sentences for the two offenses of which the defendant was convicted was proper. Estevez v. State, 313 So.2d 692 (Fla. 1975); Swyers v. State, 334 So.2d 278 *582 (Fla.3rd DCA 1976); Johnson v. State, 338 So.2d 556 (Fla.3rd DCA 1976).

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(trial court properly denied defense request that victim of robbery and attempted murder be submitted to psychiatric examination where request was based on unsubstantiated reports of victim's mental instability)

State v. Coe, 521 So. 2d 373 (Fla. Dist. Ct. App. 1988)
(psychological evaluation of allegedly mentally unstable witness unnecessary)

Simmons v. State, 683 So. 2d 1101 (Fla. Dist. Ct. App. 1996)

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

State v. Coe521 So. 2d 373 (Fla. Dist. Ct. App. 1988)
Simmons v. State683 So. 2d 1101 (Fla. Dist. Ct. App. 1996)
Davis v. State373 So. 2d 382 (Fla. Dist. Ct. App. 1979)
Spann v. State577 So. 2d 698 (Fla. Dist. Ct. App. 1991)

Most recent

Simmons v. State683 So. 2d 1101 (Fla. Dist. Ct. App. 1996)
Spann v. State577 So. 2d 698 (Fla. Dist. Ct. App. 1991)
State v. Coe521 So. 2d 373 (Fla. Dist. Ct. App. 1988)
Davis v. State373 So. 2d 382 (Fla. Dist. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Yost v. State, 243 So. 2d 469 (Fla. Dist. Ct. App. 1971)	90
	Estevez v. State, 313 So. 2d 692 (Fla. 1975)	54
	White v. State, 324 So. 2d 115 (Fla. Dist. Ct. App. 1975)	17
	Johnson v. State, 338 So. 2d 556 (Fla. Dist. Ct. App. 1976)	15
	Swyers v. State, 334 So. 2d 278 (Fla. Dist. Ct. App. 1976)	8
	Dunlap v. State, 252 So. 2d 292 (Fla. Dist. Ct. App. 1971)	3

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