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Vincente v. State

District Court of Appeal of Florida, Third District
Mar 20, 1996
669 So. 2d 1119 (Fla. Dist. Ct. App. 1996)

Summary

holding that evidence was sufficient to find screwdriver was deadly weapon where evidence showed defendant employed screwdriver as knife with which to stab victim

Summary of this case from State v. Kirvin

Opinion

No. 95-2867.

March 20, 1996.

An appeal from the Circuit Court for Monroe County, Uriel Blount, Judge. No. 95-457.

Bennett H. Brummer, Public Defender, and Suzanne M. Froix, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before NESBITT, JORGENSON and COPE, JJ.


Luis G. Vincente appeals his conviction for aggravated battery. We reverse.

The day prior to trial, the state moved to exclude two late-disclosed defense witnesses. After a perfunctory inquiry, the trial court granted the state's motion and excluded the two defense witnesses. The trial court's inquiry fell well short of that which is required by Richardson v. State, 246 So.2d 771 (Fla. 1971). See Brazell v. State, 570 So.2d 919, 921 (Fla. 1990). We are unable to conclude that the exclusion of the two witnesses was harmless. See generally State v. Schopp, 653 So.2d 1016 (Fla. 1995).

The state's motion also sought exclusion of a third late-listed defense witness. The defense withdrew that particular witness.

Defendant next contends that the evidence was insufficient to convict because the evidence did not support the conclusion that the screwdriver wielded by the defendant constituted a deadly weapon. We disagree. The evidence showed that the defendant employed the screwdriver as a knife with which to stab the victim. The evidence was sufficient to find that the screwdriver was a deadly weapon. See Hallman v. State, 305 So.2d 180, 181 (Fla. 1974), cert. denied, 428 U.S. 911, 96 S.Ct. 3226, 49 L.Ed.2d 1220 (1976); see also People v. Simons, 42 Cal.App.4th 1100, 50 Cal.Rptr.2d 351 (1996); Frey v. State, 580 N.E.2d 362, 364 (Ind.Ct. App. 1991).

Defendant also contends that the trial court should have sustained the defense objection to the prosecutor's closing argument. We reject that claim on the authority of State v. Sheperd, 479 So.2d 106, 107 (Fla. 1985).

The conviction and sentences are reversed and the cause remanded for a new trial.


Summaries of

Vincente v. State

District Court of Appeal of Florida, Third District
Mar 20, 1996
669 So. 2d 1119 (Fla. Dist. Ct. App. 1996)

holding that evidence was sufficient to find screwdriver was deadly weapon where evidence showed defendant employed screwdriver as knife with which to stab victim

Summary of this case from State v. Kirvin

finding evidence supported conclusion that screwdriver used as a knife with which to stab the victim constituted deadly weapon

Summary of this case from Brown v. State
Case details for

Vincente v. State

Case Details

Full title:LUIS G. VINCENTE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 20, 1996

Citations

669 So. 2d 1119 (Fla. Dist. Ct. App. 1996)

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