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447 So. 2d 1020

Docket No. 83-447.

MacIas v. State

Lazaro MACIAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1984-04-03

Cited by 5 later decisions — most recently December 1990

5 state decisions

Key passage — most relied on by later courts

“extremely improper appeal to the sympathy of the jury,”

quoted by 1 later decision, including Dixon v. United States

Relies on 443 So. 2d 955 - State v. Murray · Cundiff v. United States · 428 So. 2d 357 - Edwards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-04-03

View the full empirical analysis of this case →

¶1*1021 Bennett H. Brummer, Public Defender and May L. Cain, Sp. Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and Penny H. Brill, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

¶4PER CURIAM.

¶5The action of the prosecutor in questioning whether the murder victim had ever seen his posthumously born child was an extremely improper appeal to the sympathy of the jury. Edwards v. State,428 So.2d 357 (Fla. 3d DCA 1983); Gomez v. State,415 So.2d 822 (Fla. 3d DCA 1982); Harper v. State,411 So.2d 235 (Fla. 3d DCA 1982). In contrast to Edwards, Gomez and Harper, however, the trial court here sustained an objection to the question and instructed the jury to disregard it. See Tacoronte v. State,419 So.2d 789 (Fla. 3d DCA 1982). More important, considering the overwhelming evidence against the defendant, we must conclude that any error was harmless. State v. Murray,443 So.2d 955 (Fla. 1984); Hall v. State,444 So.2d 1019 (Fla. 3d DCA 1984).

¶6We find no merit in the other points presented. Rodriguez v. State,413 So.2d 1303 (Fla. 3d DCA 1982); Costales v. State,438 So.2d 981 (Fla. 3d DCA 1983); Cundiff v. United States,501 F.2d 188 (8th Cir.1974).

¶7Affirmed.

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