State v. Fundora, 513 So. 2d 122 (Fla. 1987). · Go Syfert
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State v. Fundora, 513 So. 2d 122 (Fla. 1987). Cases Citing This Book View Copy Cite
“the state argues that the molestations of these five children were admissible as similar fact evidence under williams . the trial court, however, correctly excluded direct evidence of these molestations since they were not sufficiently similar to the charged offenses.”
316 citation events (113 in the last 25 years) across 6 distinct courts.
Strongest positive: CESAR MENDEZ v. STATE OF FLORIDA (fladistctapp, 2022-09-30)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) CESAR MENDEZ v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
sexual battery ... may be charged by information.
discussed Cited as authority (verbatim quote) Foburg v. State (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 1999 · quote attribution · 1 verbatim quote · confidence high
the absence of similar conduct for an extensive period of time might suggest that the conduct is no longer characteristic of the defendant.
examined Cited as authority (verbatim quote) Euline v. State
Fla. Dist. Ct. App. · 1991 · signal: see · quote attribution · 1 verbatim quote · confidence high
the state argues that the molestations of these five children were admissible as similar fact evidence under williams . the trial court, however, correctly excluded direct evidence of these molestations since they were not sufficiently similar to the charged offenses.
examined Cited as authority (quoted) Robertson v. State (3×) also: Cited as authority (rule), Cited "see, e.g."
Fla. · 2002 · quote attribution · 1 verbatim quote · confidence low
under section 90.404(2)(a), the remoteness of a prior crime is one aspect of its relevance, its tendency to prove or disprove a material fact in issue.
cited Cited as authority (rule) JOHN FESH v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · confidence medium
McLean, 934 So. 2d at 1257 (citing Heuring v. State, 513 So. 2d 122, 124 (Fla. 1987)); see also § 90.404(2)(b)(1).
discussed Cited as authority (rule) JACKSON PRIDEMORE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · confidence medium
The child victim is “typically the sole eyewitness and corroborative evidence is scant,” so that “[c]redibility becomes the focal issue.” Heuring v. State, 513 So. 2d 122, 124 (Fla. 1987), superseded by statute on other grounds as stated in McLean, 934 So. 2d at 1259 .
discussed Cited as authority (rule) STATE OF FLORIDA v. ROBERT LINCOLN (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2019 · confidence medium
Id. (citing Heuring v. State, 513 So. 2d 122, 124 (Fla. 1987)).
discussed Cited as authority (rule) Henry Lee Jones v. State of Florida (2×)
Fla. · 2017 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla. 1987); Drake v. State, 400 So.2d 1217, 1219 (Fla. 1981).
discussed Cited as authority (rule) Vernon Bernard Moss v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
Generally, the main crime at issue and the similar fact evidence must share “some unique characteristics or combination of characteristics [that] set them apart from other offenses.” Id. (quoting Heuring v. State, 513 So.2d 122, 124 (Fla.1987), superseded by statute on other grounds, § 90.404(2)(b), Fla. Stat. (2002), as stated in McLean, 934 So.2d at 1258 ).
cited Cited as authority (rule) Beaussicot v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Macias v. State, 959 So.2d 782, 784 (Fla. 4th DCA 2007) (quoting Heuring v. State, 513 So.2d 122, 124 (Fla.1987)).
discussed Cited as authority (rule) Durousseau v. State (2×)
Fla. · 2010 · confidence medium
In such an instance, "the trial court must *554 consider not the passage of time alone, but the effect of the passage of time on the evidence. . . . [It] precludes the use of evidence that has become unverifiable." Duffey, 741 So.2d at 1197 (quoting Heuring v. State, 513 So.2d 122, 123 (Fla.1987)). "[T]he trial court should take into account that the `absence of similar conduct for an extensive period of time which might suggest that the conduct has ceased to be a characteristic of the defendant.'" Duffey, 741 So.2d at 1197 (quoting Heuring, 513 So.2d at 124 ).
discussed Cited as authority (rule) Carbonell v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987) (“The charged and collateral offenses must be not only strikingly similar, but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses.”), quashed on other grounds, 559 So.2d 207 (Fla.1990).
discussed Cited as authority (rule) Aguiluz v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Because the introduction of extrinsic evidence creates the risk that a conviction may be based on the defendant’s bad character or propensity to commit crimes, rather than on proof that he committed the charged offense, Robertson v. State, 829 So.2d 901, 907 (Fla.2002); Heuring v. State, 513 So.2d 122, 124 (Fla.1987), superseded by statute on other grounds, § 90.404(2)(b), Fla. Stat. (2002), before introducing such evidence, the State is required to provide the defendant with notice of its intent to rely on this evidence at trial, and thereafter, the defendant is given the opportunity to ch…
discussed Cited as authority (rule) LaVALLEY v. State (2×)
Fla. Dist. Ct. App. · 2010 · confidence medium
As the court stated in Heuring v. State, 513 So.2d 122, 124 (Fla.1987), "the opportunity to sexually batter young children in the familial setting often occurs only generationally.
cited Cited as authority (rule) Grier v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
cited Cited as authority (rule) Bouie v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
discussed Cited as authority (rule) Henry v. State (2×) also: Cited "see"
Fla. · 2007 · confidence medium
The "inherent prejudice," of course, underlying this rule barring evidence of other crimes is the natural inclination a juror would have in concluding that "once a robber, always a robber," or as in Henry's case, "once a killer, always a killer." Heuring v. State, 513 So.2d 122, 124 (Fla.1987) ("Similar fact evidence that the defendant committed a collateral offense is inherently prejudicial.
discussed Cited as authority (rule) Batten v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
The charged and collateral offenses must be not only strikingly similar, but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses.” Id. at 909 (quoting Heuring v. State, 513 So.2d 122, 124 (Fla.1987)).
discussed Cited as authority (rule) Ortiz v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
Although the supreme court itself had relaxed the standard in familial settings, see Heuring v. State, 513 So.2d 122, 124 (Fla.1987), the charged crime and the other wrongful acts were still required to have some shared similarities.
discussed Cited as authority (rule) State v. Richman
Fla. Dist. Ct. App. · 2003 · confidence medium
The trial court specifically found that, pursuant to Heuring v. State, 513 So.2d 122, 124 (Fla.1987), the proffered testimony of State witnesses J.H., G.J., and I.L. demonstrated that their experiences with Dr. Richman were strikingly similar to those of the victims of the charged offenses.
examined Cited as authority (rule) Billie v. State (4×) also: Cited "see"
Fla. Dist. Ct. App. · 2003 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla. 1987); see also Robertson v. State, 829 So.2d 901 (Fla.2002).
cited Cited as authority (rule) Burke v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Heuring v. State, 513 So.2d 122, 123 (Fla. 1987); Duffey .
cited Cited as authority (rule) Hart v. State
Wyo. · 2002 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
discussed Cited as authority (rule) Kulling v. State (2×)
Fla. Dist. Ct. App. · 2002 · confidence medium
Heuring, 513 So.2d at 124-25; Morman v. State, 811 So.2d 714, 717 (Fla. 2d DCA 2002).
discussed Cited as authority (rule) Morman v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Traditionally, as the supreme court in Heuring noted, the similar fact evidence must meet a strict standard of relevance; the charged and collateral offenses must be "not only strikingly similar, but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses." Heuring, 513 So.2d at 124.
cited Cited as authority (rule) Pastor v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
In Heuring v. State, 513 So.2d 122, 124 (Fla.1987), the Florida Supreme Court expanded the Williams Rule in cases involving sexual battery committed within the familial context.
discussed Cited as authority (rule) Robertson v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
In addition, the trial court should take into account that the "absence of similar *120 conduct for an extensive period of time might suggest that the conduct is no longer characteristic of the defendant." Id. at 124.
discussed Cited as authority (rule) Smith v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2000 · confidence medium
In Heuring v. State, 513 So.2d 122, 124 (Fla.1987), the Florida Supreme Court expanded the Williams Rule in cases involving sexual battery committed within the familial context.
discussed Cited as authority (rule) Titel v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
Such evidence is, therefore, inadmissible if solely relevant to bad character or propensity to commit the crime.” [c.o.] Heuring v. State, 513 So.2d 122, 124 (Fla. 1987). 4 Therefore, to minimize the risk of a wrongful conviction, outside the familial sexual battery context, similar fact evidence must meet a high standard of relevance: “[t]he charged and collateral offenses must be not only strikingly similar, but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses.” Heuring, 513 So.2d at 124 .
cited Cited as authority (rule) Randall v. State
Fla. · 2000 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla. 1987) (emphasis supplied).
discussed Cited as authority (rule) Gutierrez v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
In Heuring v. State, 513 So.2d 122, 125 (Fla.1987), the supreme court held that in cases involving sexual battery within a familial situation, evidence that a defendant committed other sexual batteries on another family member was admissible as "relevant to corroborate the victim's testimony" that the defendant had committed sexual abuse upon the victim.
discussed Cited as authority (rule) Duffey v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Heuring v. State, 513 So.2d 122, 123 (Fla. 1987) (quoting Heuring v. State, 495 So.2d 893, 894 (Fla. 1st DCA 1986) vacated on other grounds, 513 So.2d 122 (Fla.1987)).
discussed Cited as authority (rule) State v. Wood
Fla. Dist. Ct. App. · 1999 · confidence medium
The charged and collateral offenses must be not only strikingly similar, but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses.” Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
cited Cited as authority (rule) Corpus v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
As the court observed in Heuring v. State, 513 So.2d 122, 124 (Fla.1987), "[s]imilar fact evidence that the defendant committed a collateral offense is inherently prejudicial.
discussed Cited as authority (rule) Sullivan v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
To minimize the risk of a wrongful conviction, this kind of evidence must be "not only strikingly similar" but must also possess some "unique characteristic or combination of characteristics which sets [it] apart from other offenses." Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
cited Cited as authority (rule) Thomas v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
See Feller v. State, 637 So.2d 911, 916 (Fla.1994); Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
cited Cited as authority (rule) Paul v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987) (citations omitted).
cited Cited as authority (rule) Audano v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla. 1987).
discussed Cited as authority (rule) Chapman v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 1994 · confidence medium
We reject this contention because the offenses were not similar and did not “share some unique characteristic or combination of characteristics that sets them apart from other offenses.” Heuring v. State, 513 So.2d 122,124 (Fla.1987).
discussed Cited as authority (rule) Saffor v. State
Fla. Dist. Ct. App. · 1993 · confidence medium
The supreme court has said that admissibility of evidence under the foregoing provision is contingent upon the evidence meeting a "strict standard of relevance." Heuring v. State, 513 So.2d 122, 124 (Fla. 1987).
cited Cited as authority (rule) Carter v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla.1987).
cited Cited as authority (rule) State v. Paille
Fla. Dist. Ct. App. · 1992 · confidence medium
Heuring v. State, 513 So.2d 122, 124 (Fla. 1987).
discussed Cited as authority (rule) Turtle v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
To meet the strict standard of relevance and admissibility prescribed by section 90.404(2), Florida Statutes (1989), the charged offense and the collateral offense "must be not only strikingly similar, but they must also share some unique characteristics or combination of characteristics which sets them apart from other offenses." Heuring v. State, 513 So.2d 122, 124 (Fla. 1987).
examined Cited as authority (rule) Thomas v. State (3×)
Fla. Dist. Ct. App. · 1992 · confidence medium
We reverse on the first point, however, holding that the trial court's admission of the similar fact evidence of another crime is error requiring remand for a new trial because the similar fact evidence offered by the state and the facts underlying the instant case are not "strikingly similar" and fail to "share some unique characteristics or combination of characteristics which sets them apart from other offenses," Heuring v. State, 513 So.2d 122, 124 (Fla. 1987), and such evidence is not relevant to prove any material fact in issue. § 90.404(2)(a), Fla. Stat. (1987).
discussed Cited as authority (rule) Bennett v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Recognizing that our supreme court still applies the "strikingly similar" standard to collateral crime evidence, the Thomas court noted the following language from Heuring v. State, 513 So.2d 122, 124 (Fla. 1987): Similar fact evidence that the defendant committed a collateral offense is inherently prejudicial.
cited Cited as authority (rule) State v. Smith
Fla. Dist. Ct. App. · 1991 · confidence medium
Williams Rule evidence is "inherently prejudicial" and is admitted only under "a strict standard of relevance." Heuring v. State, 513 So.2d 122, 124 (Fla. 1987).
discussed Cited as authority (rule) Maddry v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
This court found that treatment of other residents was admissible to counter inferences that the victim's injuries were isolated instances beyond the defendant's knowledge or control, and that such evidence did not become a feature of the trial. [4] Beasley v. State, 518 So.2d 917 (Fla. 1988); Lazarowicz v. State, 561 So.2d 392 (Fla. 3d DCA 1990); Woodfin v. State, 553 So.2d 1355 (Fla. 4th DCA 1989), rev. den., 563 So.2d 635 (Fla. 1990); Padgett v. State, 551 So.2d 1259 (Fla. 5th DCA 1989); Anderson v. State, 549 So.2d 807 (Fla. 5th DCA 1989), rev. den., 560 So.2d 232 (Fla. 1990); Sampson v. S…
cited Cited as authority (rule) Vandiver v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
Id. at 124.
discussed Cited as authority (rule) Lazarowicz v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
Further, the evidence in this case does not conflict with the standard enunciated in Heuring v. State, 513 So.2d 122, 124 (Fla.1987): “The charged and collateral offenses must be not only strikingly similar but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses.” See Buenoano v. State, 527 So.2d 194 (Fla.1988).
discussed Cited as authority (rule) Lazarowicz v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
Further, the evidence in this case does not conflict with the standard enunciated in Heuring v. State, 513 So.2d 122, 124 (Fla. 1987): "The charged and collateral offenses must be not only strikingly similar but they must also share some unique characteristic or combination of characteristics which sets them apart from other offenses." See Buenoano v. State, 527 So.2d 194 (Fla. 1988).
STATE of Florida, Petitioner,
v.
Gerardo FUNDORA, Respondent.
70150.
Supreme Court of Florida.
Sep 24, 1987.
513 So. 2d 122
Ehrlich.
Cited by 7 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Supreme Court of Florida (1)

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., Miami, for petitioner.

Michael E. Allen, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

EHRLICH, Justice.

We have for review Fundora v. State, 508 So.2d 1250 (Fla. 3d DCA 1987), because of conflict with our recent decision in State v. Ginebra, 511 So.2d 960 (Fla. 1987). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below.

Relying on its decisions in Ginebra v. State, 498 So.2d 467 (Fla. 3d DCA 1986), and Edwards v. State, 393 So.2d 597 (Fla. 3d DCA 1981), the district court below reversed the trial court's summary denial of Fundora's Florida Rule of Criminal Procedure 3.850 motion, finding that "1) appellant's contentions, that his counsel was ineffective in failing to inform Fundora of the possibility of deportation as a result of his guilty plea and that his pleas were made involuntary as a result of this lack of information, are valid grounds for collateral relief from his guilty pleas ... and 2) appellant sufficiently alleges facts which, if proven, would support his prayer for relief." 508 So.2d at 1250 (citations omitted). In State v. Ginebra, we recently quashed the third district's decision in that case and expressly disapproved its reasoning in Edwards, holding that "counsel's failure to advise his client of the collateral consequence of deportation does not constitute ineffective assistance of counsel." 511 So.2d at 962.

The trial court's summary denial of Fundora's 3.850 motion was proper under our holding in Ginebra. Accordingly, we quash the decision below and remand for proceedings consistent with this opinion.

It is so ordered.

McDONALD, C.J., and OVERTON, SHAW, BARKETT and GRIMES, JJ., concur.