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599 So. 2d 780

Toomer v. State

District Court of Appeal of Florida · decided 1992-06-16

Cited by 2 later decisions — most recently February 2004

2 state decisions

Relies on State v. Baird · Quinn v. Metropolitan Dade County Aviation Department · Mosley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-16

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PER CURIAM.

¶1Ira Toomer appeals his conviction and sentence for attempted robbery and attempted battery. We affirm.

¶2It was, as the defense contends, impermissible for the State to ask a witness if another witness is lying. Mosley v. State, 569 So.2d 832 (Fla. 2d DCA 1990); Whitfield v. State, 549 So.2d 1202 (Fla. 3d DCA 1989); Boatwright v. State, 452 So.2d 666 (Fla. 4th DCA 1984). The objection was correctly sustained, and there was no abuse of discretion in the denial of the motion for mistrial.

¶3While the detective’s testimony exceeded to some degree that which is permitted by State v. Baird, 572 So.2d 904, 908 (Fla.1990), there was no objection to the statement about which defendant now complains. In view of the unobjected-to testimony, the solitary objected-to statement was cumulative.

¶4Affirmed.

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