412 SO2D 891 - Rosa v. State

How this case has been cited

Cited by 4 later decisions — most recently November 2001

4 state decisions

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.

¶1 *892 Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, NESBITT and BASKIN, JJ.

¶4BASKIN, Judge.

¶5We reverse defendant Rosa's conviction of second-degree murder upon our holding that the photograph of the deceased's blood-spattered body, which depicted the results of emergency procedures performed after the stabbing, including protruding surgical tubes and sutures, was irrelevant. Dyken v. State,89 So.2d 866 (Fla. 1956); Beagles v. State,273 So.2d 796 (Fla. 1st DCA 1973); see Booker v. State,397 So.2d 910 (Fla. 1981); Leach v. State,132 So.2d 329 (Fla. 1962).

¶6In addition, we find error in the trial court's failure to state its reasons for retaining jurisdiction over defendant Rosa pursuant to section 947.16(3)(a), Florida Statutes (1979).

¶7Defendant's remaining point lacks merit.

¶8Reversed and remanded.