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266 So. 2d 378

Docket No. 70-821.

Wade v. Wainwright

Horace WADE, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Correction, Respondent.

District Court of Appeal of Florida

Decided August 31, 1972.

District Court of Appeal of Florida · decided 1972-08-31

Key passage — most relied on by later courts

““The argument complained of was fair comment based upon the evidence in this case. One who commits crimes of violence may not in reason expect the prosecuting attorney to be complimentary in his address to the jury.” Supra at 379. (Emphasis supplied.)”

quoted by 1 later decision, including 273 So. 2d 377 - Wade v. Wainwright

Relies on 110 So. 2d 654 - Williams v. State · Kish v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-08-31

How this case has been cited

Cited by 9 later decisions — most recently November 2015

9 state decisions

7019721980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Walter N. Colbath, Jr., Public Defender, Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for petitioner.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4This cause is before the court upon a late appeal granted to the appellant, Horace Wade, who, along with others, was charged and convicted of the offense of robbery and aggravated assault. Each was sentenced to life imprisonment for the robbery and to five years, concurrently, for aggravated assault.

¶5The appellant asserts error directed to the ruling of the trial court permitting the state to submit evidence relating to a collateral crime, alleged to have been committed by the defendant. Under the evidence in this case, the trial judge was eminently correct under the authority of Williams v. State, 110 So.2d 654 (Fla. 1959).

¶6Appellant further challenges the validity of his sentence imposed relating to the charge of aggravated assault. The record reveals that following the robbery, *379 in which Wade employed the use of a pistol, he proceeded to pistol whip his victim about the head and then to kick him in the eye. Such conduct constituted the separate offense of aggravated assault. Kish v. State, 198 So.2d 639 (Fla.App. 1967).

¶7Wade further charges prejudicial error relating to the argument of the prosecuting attorney. The argument complained of was fair comment based upon the evidence in this case. One who commits crimes of violence may not in reason expect the prosecuting attorney to be complimentary in his address to the jury.

¶8It follows that the judgments and sentences appealed from are affirmed.

¶9WALDEN and MAGER, JJ., and MELVIN, WOODROW, M., Associate Judge, concur.

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