Florida/Georgia Personal Injury & Workers Compensation

...State, 265 So.2d 685, 693-94 (Fla. 1972) (holding that evidence of four other murders committed shortly after the murder for which defendant was tried was admissible). Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant....

...oneous assessment of the evidence." Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990). We will, therefore, examine the rules of evidence which govern and the assessment of the evidence presented in this case. Section 90.402, Florida Statutes (2005), a provision within the Florida Evidence Code, provides that all relevant evidence is admissible except as provided by law....

...In Williams v. State, 110 So.2d 654 (Fla. 1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....

...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....

...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...to rely on the evidence pursuant to section 90.404(2)(b)1., Florida Statutes (1991). Griffin also argues that the evidence was not relevant to prove any material issue in the case. Generally, the test for the admissibility of evidence is relevance. § 90.402, Fla....

..." § 90.404(2)(a), Fla. Stat. (1991) (emphasis added). Thus, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......

...The trial court found that the lack of blood or hair found on the stick related to its weight rather than its admissibility. We agree with the trial court that this evidence was relevant and admissible to explain the entirety of the criminal episode. See § 90.402, Fla....

...Williams v. State, 110 So.2d 654 (Fla.1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....

...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....

...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...[22] When the State sought to introduce the application, Taylor objected on the basis that the application was irrelevant and could be construed as an attack on character based on the false statements. The trial court examined the application, overruled Taylor's objection, and entered the application into evidence. Under section 90.402, Florida Statutes (1999), "[a]ll relevant evidence is admissible, except as provided by law." Relevant evidence is evidence that tends "to prove or disprove a material fact." § 90.401, Fla....

...Bryan v. State, 533 So.2d 744, 746 (Fla. 1988); see also Sexton v. State, 697 So.2d 833, 837 (Fla.1997) (stating "if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.402(2)(a) does not apply and the general rule in section 90.402 controls"); Pittman v....

...In the instant case, Taylor's collateral bad act involved lying on the credit application. Taylor was not being tried for fraudulently trying to obtain credit, or some similar crime, and thus general relevancy rules would control the admissibility of the credit application. See §§ 90.401-90.402, Fla....

...ence. As this Court explained in Griffin v. State, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in *743 issue.......

...These same factors should apply when the defendant offers such evidence. The district court suggests that the similarity of conduct should be less when a defendant seeks to introduce Williams rule evidence because there is a lessened chance of prejudice. Section 90.402, Florida Statutes (1987), provides that all relevant evidence is admissible except as provided by law....

...hired him and the roles played by appellant and Nelson in the crimes. All relevant evidence is admissible until it is shown to be inadmissible for some lawful reason. We see no reason why the portion of the tape objected to should have been excised. § 90.402, Fla....

...The videotape was relevant to the premeditated conspiracy to murder Baskovich and corroborated other evidence showing premeditation between Dragovich and appellant to commit the murder. In Florida all relevant evidence is admissible except as provided by law. § 90.402, Fla....

...We begin our analysis with the well-settled rule that relevant evidence is evidence which tends "to prove or disprove a material fact," § 90.401, Fla. Stat. (1995), and all relevant evidence is generally admissible unless the law provides otherwise. Id. § 90.402....

...Ehrhardt, Florida Evidence § 404.9, at 156 (1995 ed.). See Hartley v. State, 686 So.2d 1316, 1320 (Fla.1996) (citing Griffin v. State, 639 So.2d 966 (Fla.1994)) (both stating that evidence of other crimes which are "inseparable from the crime charged" is admissible under section 90.402)....

...We conclude that the testimony was relevant and did not violate section 90.403, Florida Statutes (2008). Relevant evidence is defined in section 90.401, Florida Statutes (2008), as "evidence tending to prove or disprove a material fact." Further, "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla....

...The district court of appeal affirmed, holding that the trial court did not abuse its discretion by suppressing all evidence concerning the cocaine in McClain's blood. We begin our analysis with the general proposition that all relevant evidence is admissible unless the law otherwise provides. § 90.402, Fla....

...However, the medical examiner testified that there was no medical evidence of trauma to Gibbs' vagina. Based upon our review of the record, we find this evidence of sexual battery was relevant as an inseparable part of the criminal episode at issue and not unduly prejudicial. See § 90.402, Fla....

...323 (1938); 1 Wharton's Criminal Evidence, § 215 (13th ed. 1972). As such they were an indication of guilt, the ultimate material issue. Since the statements were thus relevant, they were to be deemed admissible unless excluded by some specific rule of law. § 90.402, Fla....

...There are two categories under which evidence of uncharged crimes or bad acts will be admissible—similar fact evidence, otherwise known as Williams rule evidence, and dissimilar fact evidence. The requirements and limitations of section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence....

...(Citations omitted.) The collateral crime evidence that McCRAY was a drug dealer who was arrested in a drug raid at the murder site was not similar fact evidence, and consequently, McCRAY's claim does not constitute a true Williams rule claim. As explained below, the general rule of relevancy under section 90.402, Florida Statutes (2008), applies, and the evidence at issue was relevant to establish McCRAY's motive for the charged crimes....

...[4] During closing argument, the prosecutor again referred to the kidnapping and abandonment of the child as one of the reasons the jury should disbelieve Gore's testimony. We begin our analysis with the basic proposition that in order to be admissible, evidence must be relevant. See § 90.402, Fla....

...State, 265 So.2d 685, 693-94 (Fla.1972) (holding that evidence of four other murders committed shortly after the murder for which defendant was tried was admissible). Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant....

...This does not mean, however, that evidence of other crimes is never admissible unless it is similar. Rather, evidence of other crimes that are "inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged," is admissible under section 90.402 (admissibility of relevant evidence) because it is relevant and necessary to adequately describe the crime at issue....

...143, 148 L.Ed.2d 94 (2000), we explained: In Williams v. State, 110 So.2d 654 (Fla.1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....

...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....

...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...or which the defendant is being tried. See Smith v. State, 699 So.2d 629, 645 (Fla.1997) (holding that evidence of an uncharged "sexual battery was relevant as an inseparable part of the criminal episode at issue and not unduly prejudicial") (citing § 90.402, Fla....

...be dealt with contemporaneously. The motion was denied as to any statements made by the defendant (paragraph one). Generally, any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....

...ng her bloody smock. In admitting photographs, the primary focus should be relevancy. Wyatt v. State, 641 So.2d 355 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1372, 131 L.Ed.2d 227 (1995); Thompson v. State, 565 So.2d 1311, 1314 (Fla. 1990); § 90.402, Fla....

...State, 863 So.2d 271, 278 (Fla.2003), and the principle of stare decisis. McDuffie v. State, 970 So.2d 312, 326 (Fla.2007). Section 90.401, Florida Statutes (2007), defines relevant evidence thusly: "Relevant evidence is evidence tending to prove or disprove a material fact." And section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla....

...o a fair trial. In Florida, all relevant evidence is admissible, unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. See § 90.402-.403, Fla....

...Johnson v. State, 969 So.2d 938, 949 (Fla.2007) (citation omitted). “Relevant evidence is evidence tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2011). “All relevant evidence is admissible, except as provided by law.” § 90.402, Fla....

...McCormick, supra, § 203 at 491 (footnotes omitted). The above view accords fully with the Florida Evidence Code. See Ch. 90, Fla. Stat. (1979). The material sections of the code are Sections 90.401, .402 and .403, which we are required to read in pari materia. [18] Section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law." There are, of course, two forms of relevancy: logical and legal....

...relevant solely to prove bad character or propensity. The State counters that evidence of Sexton's collateral bad acts was not proffered and admitted as similar fact evidence under section 90.404(2)(a), but rather as "dissimilar fact" evidence under section 90.402, which simply states that all relevant evidence is admissible except as provided by law....

...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...nce. As this Court explained in Griffin v. State , evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......

...State, 639 So.2d 966, 968 (Fla.1994) (noting evidence of uncharged crimes which are inseparable from crime charged and evidence which is inextricably intertwined with the crime charged are not Williams rule evidence but, rather, are admissible under section 90.402)....

...In addition to Wigmore's logical argument, it seems that both the language of Section 90.404(2)(a) and of Williams indicates that the rule applies to evidence of discrete acts other than the actions of the defendant committing the instant crime charged. Under this view, inseparable crime evidence is admissible under Section 90.402 because it is relevant rather than being admitted under 90.402(2)(a)....

...sented in a fair and impartial manner, provided that the evidence is competent, reliable, trustworthy, and not otherwise excludable because of countervailing interests expressed in law, such as constitutional and statutory rights and privileges. Cf. § 90.402, Fla....

...denied, 508 So.2d 13 (Fla. 1987). This court has held that the characteristics of inseparable crime evidence are distinct from those of collateral crime evidence, and such evidence is admissible for different reasons and under a different section of the Evidence Code, section 90.402, Florida Statutes (1987)....

...of the charged offense. This court concluded that the evidence was properly admitted as collateral crimes evidence under two distinct theories: (1) that the uncharged hand-to-hand transactions were properly admitted as relevant evidence pursuant to section 90.402 because they were committed in a single criminal episode; and (2) that they were properly admitted as relevant evidence pursuant to section 90.402 because the evidence was inextricably intertwined with the crime charged. Under either theory, since the evidence was admitted as relevant evidence pursuant to section *1212 90.402, rather than as "other criminal offenses" pursuant to section 90.404, the ten-day notice requirement did not apply....

...Our failure to recede from the portion of D.M. under review, however, is of no importance since we conclude that the complained-of evidence in the instant case was properly admitted as (1) relevant evidence that was inextricably intertwined pursuant to section 90.402, and/or (2) evidence relevant to a material issue at trial. THE LAW IN GENERAL Generally, all relevant evidence is admissible, unless precluded by law. See § 90.402, Fla....

...ollateral crimes evidence." Collateral crimes evidence includes (1) similar fact evidence, which is governed by section 90.404, and is commonly referred to as " Williams rule evidence," [4] and (2) all other relevant evidence, admissible pursuant to section 90.402....

...of the evidence and to prepare a defense, which may include additional discovery. See Charles W. Ehrhardt, Florida Evidence § 404.9 (2006); see also Robertson v. State, 829 So.2d 901, *1213 907-08 (Fla.2002). All other relevant evidence falls under section 90.402. Some of the evidence that generally falls into the category of relevant evidence under section 90.402, is evidence that is inextricably intertwined with the charges being prosecuted....

...State, 397 So.2d 277, 280 (Fla.1981), receded from on other grounds, Scull v. State, 533 So.2d 1137 (Fla.1988); Vail, 890 So.2d at 376; or (4) adequately describe the events leading up to the charged crime(s), Griffin, 639 So.2d at 970; Vail, 890 So.2d at 376. Relevant evidence admitted under section 90.402 does not require notice. See Hunter, 660 So.2d at 251 ("Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant."); Griffin, 639 So.2d at 968 (holding that "evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence," and concluding that the evidence was admissible under section 90.402 because the evidence was relevant); Kelly v....

...ore the crime charged is admissible as inseparable crime evidence, therefore, the notice requirement of section 90.404 is inapplicable); Tumulty v. State, 489 So.2d 150 (Fla. 4th DCA 1986)(holding that "inseparable crime evidence is admissible under Section 90.402 because it is relevant" and, "[t]herefore, there is no need to comply with the ten-day notice provision")....

...to uncharged criminal acts, does not require notice. The issue is relevancy. THE EVIDENCE WAS PROPERLY ADMITTED AS COLLATERAL CRIMES EVIDENCE We conclude that evidence of the prior uncharged hand-to-hand transaction was properly admitted pursuant to section 90.402 as relevant evidence, evidence which was inextricably intertwined with the crime charged and offered to establish the entire context of events leading up to the charged offense, the reliability of Detective Fernandez's identification of the defendant as the seller, and to establish the absence of mistake....

...In D.M., this court held: [U]nder the facts of this case, the testimony about the first three transactions was inseparable crimes evidence, that is, "evidence which is inextricably intertwined with the crime charged. . . ." Griffin v. State, 639 So.2d 966, 968 (Fla. 1994). "It is admissible under section 90.402 because `it is a relevant and inseparable part of the act which is in issue....

...s also relevant to explain why, if the defendant was the seller, no drugs were found on him. Thus, we conclude, as this court concluded in D.M., that the evidence was properly admitted as inextricably intertwined and as relevant evidence pursuant to section 90.402....

...the defendant, why no drugs were found on the defendant's person, and why the officer was not mistaken regarding the identity of the seller. THE EVIDENCE WAS ALSO ADMISSIBLE BECAUSE IT WAS RELEVANT TO A MATERIAL FACT AT ISSUE To be admissible under section 90.402, there is no requirement that the evidence be inextricably intertwined....

...1994), the collateral crime evidence was relevant to rebut the defendant's claim of self defense in a homicide action. Miller, 667 So.2d at 328. In Damren v. State, 696 So.2d 709 (Fla.1997), the Florida Supreme Court also concluded that a theft committed by the defendant earlier that day was admissible under section 90.402 as it was relevant to whether the defendant was too intoxicated to form the requisite specific intent to commit the charged burglary. Id. at 711. As the evidence was offered to prove a material fact in dispute, and because it provided the trier of fact with a complete picture of the events in question, we conclude the evidence was properly introduced as relevant evidence under section 90.402, Florida Statutes (2003)....

...as limiting the admissibility of collateral crimes evidence to a fifteen minute time interval. We, however, never intended to set an arbitrary time limit. We, therefore, clarify our holding in D.M. as limiting the admissibility of relevant evidence pursuant to section 90.402, based upon a section 90.403 analysis, which requires that the probative value of such evidence not be outweighed by its prejudicial effect....

...ive under F.S. 90.401 in proving impairment of one's normal faculties in the prosecution of a DUI offense; and (2) if answered in the affirmative, then does the likelihood of any unfair prejudice require their exclusion in those prosecutions under F.S. 90.402 and 90.403? [1] We exercise our discretionary jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A) because of the disparate approaches and conclusions of the county court judges concerning the admissibility of field sobriety test evidence in DUI prosecutions within this district....

...THE PROBATIVE VALUE OF THE TESTIMONY ON FIELD SOBRIETY TESTS SUBSTANTIALLY OUTWEIGHED BY THE DANGER OF UNFAIR PREJUDICE, CONFUSION OF ISSUES, OR MISLEADING THE JURY SO AS TO REQUIRE EXCLUSION OF THE TESTIMONY IN DUI PROSECUTIONS PURSUANT TO SECTIONS 90.402 AND 90.403, FLORIDA STATUTES? We answer these questions by distinguishing between: (1) psychomotor field sobriety tests, in which the defendants are requested to perform certain tasks; and (2) the horizontal gaze nystagmus (HGN) test, which is scientific evidence of a physiological phenomenon associated with intoxication....

...uilt phase). It is also a well-settled rule that relevant evidence is evidence which tends "to prove or disprove a material fact," § 90.401, Fla. Stat. (1997), and all relevant evidence is generally admissible unless the law provides otherwise. Id. § 90.402....

...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. [6] Section 90.402, Florida Statutes (1993), entitled "Admissibility of relevant evidence," states: "All relevant evidence is admissible, except as provided by law." [7] See, e.g., Ferrell v....

...This does not mean, however, that evidence of other crimes is never admissible unless it is similar. Rather, evidence of other crimes that are "inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged," is admissible under section 90.402 (admissibility of relevant evidence) because it is relevant and necessary to adequately describe the crime at issue....

...State, 639 So.2d 966, 968 (Fla.1994) ("[E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence."). Rather, the evidence of the threat to Trelane was admissible under section 90.402, Florida Statutes (1997), because "it [was] a relevant and inseparable part of the act which [was] in issue....

...Although a party's own statement, offered against the party, can satisfy the admissions exception to the prohibition against hearsay, it is still subject to the general requirement that only relevant evidence may be admitted. See § 90.803(18)(a), Fla. Stat. (1995); § 90.402, Fla....

...testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. § 90.702, Fla. Stat. (2000). All evidence, including expert testimony, is subject to the requirements of sections 90.401, 90.402, and 90.403, which address relevancy and reliability....

...Section 90.401 defines relevant evidence as evidence that is both probative and material: 90.401 Definition of relevant evidence.— Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401, Fla. Stat. (2000). All relevant evidence is admissible, unless specifically excluded: 90.402 Admissibility of relevant evidence.-All relevant evidence is admissible, except as provided by law. § 90.402, Fla....

...Thereafter, on two occasions, the court gave a cautionary instruction on the limited purpose for which the evidence was being received. The test for admissibility of evidence of collateral crimes is relevance. Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, ___ U.S. ___, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984). Section 90.402, Florida Statutes (1983), provides that "[a]ll relevant evidence is admissible, except as provided by law." "There are, of course, two forms of relevancy: logical and legal....

...d thereby challenge her credibility and show her bias or improper motive. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla. Stat. (1997). Except as provided by law, "[a]ll relevant evidence is admissible." § 90.402, Fla....

...parties in a civil action. Cf. Moreno v. State, 418 So.2d 1223, 1225 (Fla. 3d DCA 1982) (construing § 90.404(2) as applying "only to the use of similar crime evidence by the state against the defendant in a criminal trial," and relying instead upon § 90.402 "relevant evidence" rule as proper basis for admissibility of erroneously excluded evidence of "similar crime" committed by State's key witnesses)....

...Here the state's objection to the proffered letters was relevancy. The Florida Evidence Code defines relevancy as "evidence tending to prove or disprove a material fact." § 90.401, Fla. Stat. (1995). "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....

...E.g., Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). According to section 90.401, Florida *589 Statutes (1985), relevant evidence is evidence that tends to prove or disprove a material fact. Section 90.402 states all relevant evidence is admissible except as provided by law....

...The appellant claimed evidence of the earlier smuggling operations was irrelevant collateral crime information that was inadmissible under section 90.404(2)(a), Florida Statutes. This court disagreed. It stated the evidence of the earlier transactions was admissible under section 90.402 simply as relevant evidence....

...Ehrhardt indicates the Fifth and Eleventh Circuits have adopted Wigmore's view that the reason for admitting such evidence is similar to that for admitting so-called "res gestae" evidence — it is necessary in order adequately to describe the deed. Ehrhardt says it is thus relevant and admissible under section 90.402, and does not fall under section 90.404(2)(a)....

...The state's position throughout was that the above cited section of the Evidence Code did not control the admissibility of the evidence in question. On the contrary, the evidence of the first three smuggling trips and the sale and distribution of the drugs was admissible under section 90.402 simply as relevant evidence....

...In addition to Wigmore's logical argument, it seems that both the language of Section 90.404(2)(a) and of Williams indicates that the rule applies to evidence of discrete acts other than the actions of the defendant committing the instant crime charged. Under this view, inseparable crime evidence is admissible under Section 90.402 because it is relevant rather than being admitted under 90.402(2)(a)....

...ence from the evidence necessary to establish the material fact, and the effectiveness of a limiting instruction." Id. (citing Taylor v. State, 855 So.2d 1, 22 (Fla.2003)). However, "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla....

...However, the statute goes on to qualify this general statement by specifying that evidence of other acts of child molestation "may be considered for its bearing on any matter to which it is relevant." Thus, relevancy remains the threshold question. See § 90.402, Fla....

...on 322.16. This interpretation is incorrect. The language in deJesus that a violation of a traffic regulation is evidence of negligence was not meant to be an exception to the general rule that for evidence to be admissible, it must be relevant. See § 90.402, Fla....

...o another crime but rather whether it is relevant to the crime charged. Further, it is clear from a reading of the entire statute that it applies only to the use of similar crime evidence by the state against the defendant in a criminal trial. It is Section 90.402, Florida Statutes (1979) which applies to this case: it provides that "All relevant evidence is admissible except as provided by law." [2] There is authority supportive of appellant's argument that his proffered evidence should be admitted....

...We reject the claim that this evidence constitutes Williams rule evidence subject to the requirements of section 90.404(2), Florida Statutes (2006). We hold that the trial court did not abuse its discretion in admitting Sheila's testimony as relevant pursuant to section 90.402, Florida Statutes (2006), to establish the context in which the charged criminal acts occurred....

...An appellate court will not disturb a trial court's determination that evidence is relevant and admissible absent an abuse of discretion. See Victorino v. State, 23 So.3d 87, 98 (Fla.2009). Relevant evidence is generally admissible unless precluded by a specific rule of exclusion. Id. (citing *787 § 90.402, Fla....

...e known as Williams rule evidence, and dissimilar fact evidence. Id. (citing Zack v. State, 753 So.2d 9, 16 (Fla.2000)). The requirements and limitations of section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence....

...We have explained the test for dissimilar fact evidence as follows: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......

...liams rule claim. The evidence at issue—which, as explained below, established the relevant context leading up to the charged crimes—is inextricably intertwined with the defendant's charged crimes. Consequently, the general rule of relevancy under section 90.402 governs the instant matter....

...ruction concerning "similar fact" evidence in relation to the prior crime discussed above. We disagree. Although a limiting instruction is required under section 90.404(2), Florida Statutes (1993), for "similar fact" evidence, none is required under section 90.402 for "relevant" evidence....

...We must not forget that this is a criminal prosecution in which the state has attempted to exclude relevant evidence of innocence. The general rule is that all relevant evidence is admissible—and this declaration is undeniably relevant—unless otherwise made inadmissible by the evidence code. See § 90.402 Fla....

...Deville v. State, 917 So.2d 1058, 1059 (Fla. 4th DCA 2006). Three sections of the evidence code provide the framework for evaluating questions of relevance. The general rule is that “[a]ll relevant evidence is admissible, except as provided by law.” § 90.402, Fla....

...An appellate court will not disturb a trial court’s determination that evidence is relevant and admissible absent an abuse of discretion. See Victorino v. State, 23 So.3d 87, 98 (Fla.2009). Relevant evidence is generally admissible unless precluded by a specific rule of exclusion. Id. (citing § 90.402, Fla....

...*694 Victorino v. State, 23 So.3d 87, 98 (Fla.2009) (citing Zack v. State, 753 So.2d 9, 16 (Fla.2000)). The requirements and limitations of section 90.404, Florida Statutes (2009), govern similar fact evidence while the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence....

...This Court has explained the test for dissimilar fact evidence as follows: [EJvidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which is in issue.......

...[I]t is necessary to admit the evidence to adequately describe the deed.” Griffin v. State, 639 So.2d 966, 968 (Fla.1994) (quoting Charles W. Ehrhardt, Florida Evidence, § 404.17 (1993 ed.)). Dissimilar fact evidence of uncharged misconduct — which is governed by section 90.402’s general rule of relevancy— is admissible to “establish ] the relevant context in which the [charged] criminal acts occurred.” Caruso v....

...Thus, we reject Gosciminski’s claim that the threat evidence constitutes Williams rule evidence subject to the requirements of section 90.404(2). We also conclude that the trial court did not abuse its discretion in admitting Debra Thomas’s testimony as relevant evidence pursuant to section 90.402 in order to establish the context in which the charged criminal acts occurred....

...4, 2002, and the officers may not have followed the route that Gosciminski took. Under Florida law, all relevant evidence, defined as that tending to prove or disprove a material fact, is admissible unless otherwise provided by law. See §§ 90.401, 90.402, Fla....

...“In Florida, all relevant evidence is admissible, unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” Miller, 42 So.3d at 224 ; see also § 90.402-.403, Fla....

...nents of relevancy: material and probative value; the former meaning evidence offered to help prove a matter in issue, and the latter, evidence having a tendency to establish the proposition it is offered to prove. McCormick, supra, § 185, 541-542. Section 90.402 next provides that "[a]ll relevant evidence is admissible, except as provided by law." When considering sections 90.401 and 90.402 in pari materia with section 90.702 (imposing, as does Federal Rule 702, a two-part test for the admissibility of expert testimony: (1) that the scientific knowledge "assist the trier of fact in understanding the evidence or in determining a f...

..." § 90.404(2)(a), Fla. Stat. (1991) (emphasis added). Thus, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue....

...State, 753 So.2d 9 (Fla.2000), we recently explained: In Williams v. State, this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....

...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402.......

...Under the Evidence Code, the rule is that evidence is relevant if it has any tendency to make the existence of any fact having consequence more or less probable than it would be without the evidence. See § 90.401, Fla. Stat. (2007) ("Relevant evidence is evidence tending to prove or disprove a material fact."). Section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law. " [e.s.] Notice that the exception contained in the section 90.402 statutory rule of law does not say "except that the trial judge shall have discretion to decide otherwise." It says "except as provided by law." Nothing here suggests that the admission or exclusion of relevant evidence is discretionary....

...Evidence of a sub rosa policy to get rid of those with serious injuries and incipient workers compensation claims, given by a former supervisor in a position to know, directly supports plaintiff's claim as to the hidden reason for his termination and fits well within the rule of section 90.402....

...The burden is on the objecting party to demonstrate that the probative value is `substantively outweighed' by one of the countervailing factors."). [9] This seems just another example of improperly using § 90.403 to make the admission of relevant evidence under § 90.402 function as discretionary, contrary to § 90.403's very limited purpose....

...Valcin, 507 So.2d 596 (Fla.1987)(unexplained disappearance of an operative report in a medical malpractice case), and Bird v. Hardrives of Delray, Inc., 644 So.2d 89 (Fla. 4th DCA 1994)(willful destruction of an MRI film in a personal injury action). Relevant evidence is evidence tending to prove or disprove a material fact. § 90.402, Fla....

...Further, introduction of other crimes evidence is not limited to crimes with similar facts. Bradley v. State, 787 So.2d 732, 741 (Fla.2001) (citing Zack v. State, 753 So.2d 9, 16 (Fla.2000)); see also Bryan v. State, 533 So.2d 744 (Fla.1988). Dissimilar fact evidence may be admissible under section 90.402, but like similar fact evidence its admissibility is determined by its relevance....

...prejudicial. Whether evidence sought to be admitted is unfair is measured first by its relevance and probative value to material issues of fact. See Moreno v. State, 418 So.2d 1223 (Fla. 3d DCA 1982). In making that assessment the starting point is section 90.402, Florida Statutes *908 (1987), which provides that "All relevant evidence is admissible except as provided by law." No showing is made that the interpretations to the general standards are devoid of probative value; nor is there a show...

...none of the errors amounted to fundamental error. The major issue on this appeal is the admission into evidence of the photographs of the shotgun, the bullet proof vest, and the quoted phrase. Evidence must be relevant in order to be admissible. See § 90.402, Fla....

...But while Victorino’s allegations regarding these exhibits were sufficient for *499 this Court to identify the exhibits at issue, Victorino did not establish that an objection to the exhibits on the basis of unfair prejudice would have been successful. “All relevant evidence is admissible, except as provided by law.” § 90.402, Fla....

...Classifying this as evidence of "stalking," defendant argues that its admission violated section 90.404(2), Florida Statutes (1995). Setting aside the "stalking" label as legal hyperbole, we hold that the evidence of defendant's prior contacts with Martin was admissible under section 90.402 as being relevant to and inseparable from the battery....

...The circumstances of the public record source showed a lack of trustworthiness. § 90.803(8), Fla. Stat. (1987). At trial, the record could not be deciphered as to which of the sixteen notices were relevant to the case. Since only relevant evidence is admissible, it was error to admit evidence of an unrelated notice. § 90.402, Fla....

...ndamental than the basis for the very knowledge that the system will act upon. Many of the rules of evidence on their face demonstrate the universality of epistemological prescriptions in the search for reliable and trustworthy knowledge. See, e.g., § 90.402 ("All relevant evidence is admissible, except as provided by law."); § 90.802 (except as provided by statute hearsay is categorically inadmissible); § 90.901 (authentication or identification required)....

...or the present offense. Evidence of bad character or propensity to commit a crime by another would not be admitted; such evidence should benefit a criminal defendant no more than it should benefit the state." 567 So.2d at 894. Later the court said: "Section 90.402, Florida Statutes (1987), provides that all relevant evidence is admissible except as provided by law....

...As it is, the legislature provided that all participants in the presuit investigation are immune from civil liability arising from participation in the presuit investigative process. See § 766.106(5), Fla. Stat. (1995). [12] Finally, a trial is, in its very essence, a search for truth. Section 90.402, Florida Statutes (1997), consistent with that search, provides: "All relevant evidence is *77 admissible, except as provided by law." It appears undisputed that the presuit affidavit here in issue was relevant since it was the foundation of the malpractice litigation....

...and committed the battery as claimed by the child. The issue under discussion is governed by the pertinent provisions in the Florida Evidence Code. Section 90.401 states, "Relevant evidence is evidence tending to prove or disprove a material fact." Section 90.402 states, "All relevant evidence is admissible, except as provided by law." Section 90.403 states, "Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issu...

...The evidence upon which the prosecutor focused was not Williams rule evidence. Indeed, the prosecutor never established a basis for using Mr. Denmark's juvenile offenses as Williams rule evidence. The challenged evidence was factually and temporally unrelated to the January 2001 offenses. Accordingly, the relevancy rule of section 90.402 governed the admissibility of the evidence elicited by the State. See Sexton v. State, 697 So.2d 833, 837 (Fla. 1997); Bryan v. State, 533 So.2d 744, 746 (Fla.1988). All relevant evidence is admissible except as provided by law. § 90.402....

...340, 506 P.2d 321, 323 (1973) (a person "may use that degree of force necessary to protect himself which a reasonably prudent man would have used under the conditions appearing to him at that time. " (emphasis in original)). Affirmed. NOTES [1] "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....

...Even if collateral crime evidence is inadmissible Williams rule evidence, collateral crime evidence may be admissible if it is inextricably intertwined with the crime charged. Griffin v. State, 639 So.2d 966, 968 (Fla.1994). Such evidence is admissible under section 90.402 because it is a relevant and inseparable part of the act that is in issue and it is necessary to admit the evidence to adequately describe the act....

...Persell, 390 So.2d 704, 707 (Fla. 1980); D'Auria v. Allstate Ins. Co., 673 So.2d 147, 147 (Fla. 5th DCA 1996)(Antoon, J., concurring)("Trial judges have the important responsibility of ensuring that trials maintain their function as forums for the search of truth."). To this end, section 90.402, Florida Statutes (1997), provides that "all relevant evidence is admissible, except as provided by law." It seems clear that the goal of this search for truth is to bring before the fact-finder as much relevant evidence as possible to assist in the deliberative process....

...a car chase. We reject the claim that this evidence was similar fact evidence subject to the requirements of section 90.404(2), Florida Statutes (2004). We hold that the trial court was correct in admitting Graham's testimony as relevant pursuant to section 90.402, Florida Statutes (2004), to show the circumstances leading up to the commission of the murders....

...[8] A trial court's determination that evidence is relevant and admissible "will not be disturbed absent an abuse of discretion." Taylor v. State, 855 So.2d 1, 21 (Fla.2003) (quoting Sexton v. State, 697 So.2d 833, 837 (Fla.1997)). Generally, all relevant evidence is admissible, unless excluded by law. § 90.402, Fla....

...issimilar fact' evidence." Zack v. State, 753 So.2d 9, 16 (Fla.2000). Similar fact evidence is governed by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by the general rule of *99 relevancy set forth in section 90.402....

...rning the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....

...s that "bear[ ] no logical resemblance to the crime [of murder] for which [Victorino] [was] being tried." Sexton, 697 So.2d at 837. Accordingly, section 90.404(2) does not apply. Dissimilar fact evidence of uncharged misconduct—which is governed by section 90.402's general rule of relevancy— is admissible to "establish[] the relevant context in which the [charged] criminal acts occurred." Caruso v....

...Griffin explains the test for dissimilar fact evidence as follows: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......

...s into the country. The Fourth District found no error. Interestingly, the state in Tumulty did not argue the drug smuggling trips were admissible under the "Williams Rule," but rather asserted they were "inseparable crime evidence" admissible under Section 90.402, Florida Statutes, simply as relevant evidence....

...Saintil, 753 F.2d 984 (11th Cir.1985); United States v. Leichtman, 742 F.2d 598 (11th Cir.1984); United States v. Montes-Cardenas, 746 F.2d 771 (11th Cir.1984). Without deciding the question of whether "inseparable crime evidence" is admissible under Section 90.402, which generally provides that relevant evidence is admissible, or under Section 90.404(2), which specifically provides for the admissibility of similar fact evidence to prove a material fact, we hold the collateral crime evidence at i...

admissible, unless otherwise prohibited by law. See § 90.402, Fla. Stat. (2005) (unless prohibited by law,

evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2006). Generally, any relevant evidence

is admissible except as otherwise provided. See § 90.402, Fla. Stat. To this rule there is a rather broad

"similar fact evidence,"[3] none is required under section 90.402 for "relevant" evidence.[4] The evidence here

meets the foundational test for admissibility, see § 90.402, Fla. Stat. (2014) (“All relevant evidence is

was not relevant to prove a material issue. See § 90.402, Fla. Stat.; § 90.404(2)(a), Fla. Stat.; Robertson

Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part

Defendant. Even if the lower general standard in § 90.402[,] Fla. Stat.[,] were applied, the prior crime

evidence is admissible, except as provided by law. § 90.402, Fla. Stat. (2003). Our standard of review of

admissible unless *1140 otherwise prohibited by law. Section 90.402, Florida Statutes (1977). We do not find that

State, 110 So.2d 654, 658 (Fla. 1959). See also Section 90.402, Florida Statutes (1979) which provides that

evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2006). Evidence of a defendant’s

of autopsy photos when they are relevant. See § 90.402, Fla. Stat. (2008); Larkins v. State, 655 So.2d

evidence is admissible, except as provided by law." § 90.402, Fla.Stat. (1991). Clearly, an employee's blood

inadmissible as "similar fact evidence" pursuant to section 90.402(2)(a). Hooligan's responds that the evidence

admissibility of evidence is its relevance. See § 90.402, Fla. Stat. (2007) ("All relevant evidence is

admissibility of all evidence is relevancy. See § 90.402, Fla. Stat. (1985). Furthermore, the relevancy

precluded by some specific rule of exclusion"); § 90.402, Fla. Stat. (1983). In Piper Aircraft Corporation

with the crime charged is admissible under section 90.402, Florida Statutes (2009), because it is a relevant

Williams, 417 So.2d 755 (Fla. 5th DCA 1982); section 90.402, Florida Statutes ("All relevant evidence is

procedural prejudice resulted from the delay. § 90.402, Fla. Stat. (1985). Consequently, there was no

992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2008). However, even if evidence

therefore, as falling within the ambit of Section 90.402-.403, Florida Evidence Code, rather than as

crimes because the evidence was admissible under section 90.402, Florida Statutes (2003), as relevant evidence

constitute inseparable crimes, admissible under section 90.402, Florida Statutes, without need for compliance

evidence is admissible, except as provided by law." § 90.402. Once it is determined that similar fact evidence

other rule of law, they are admissible evidence. § 90.402, Fla. Stat. (1987). The order is reversed and

evidence is admissible unless excluded by law. § 90.402, Fla. Stat. (2008). Section 90.803(22), Florida

entire context out of which these crimes arose. § 90.402, Fla. Stat. (2005); Griffin v. State, 639 So.2d

forums for the search of truth."). To this end, section 90.402, Florida Statutes (1997), provides that "all

with the crime charged "is admissible under section 90.402 because `it is a relevant and inseparable part

evidence may be admissible for this purpose under section 90.402, Florida Statutes (1991), which provides that

concerning the other guns were admissible under section 90.402, because the evidence was relevant to prove

with the crime charged is admissible under section 90.402, Florida Statutes (2002), because it is a relevant

evidence is admissible, except as provided by law. § 90.402, Fla. Stat. Relevant evidence is evidence tending

evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2000). Section 90.404(1), Florida

it was “inextricably intertwined” evidence. See § 90.402, Fla. Stat. (2013) (“All relevant evidence is

"Williams Rule"[4] evidence of other crimes under section 90.402, Florida Statutes (1993) and was impermissible

evidence to be admissible, it must be relevant. See § 90.402, Fla. Stat. (2002); Gore v. State, 719 So.2d 1197

with the crime charged may be admissible under section 90.402, because such evidence is relevant and constitutes

992 So.2d 380, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2010). However, even if evidence

must be relevant in order to be admissible. See § 90.402, Fla. Stat. [(2009)]. Relevant evidence is defined

401.1, at 120 (2005 ed.) (footnote omitted). Section 90.402 states that "[a]ll relevant evidence is admissible

that the evidence was properly admitted under section 90.402, Florida Statutes (1989). Penalty Phase Padilla

fact evidence to be presented at trial under section 90.402(2), Florida Statutes. The names and addresses

evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2009). “Relevant evidence is [defined

evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (emphasis added); Gibson v. Metropolitan

with the crime charged is admissible under Section 90.402, Florida Statutes, because it is a relevant

Williams rule evidence. It is admissible under section 90.402 because “it is a relevant and inseparable part

to prove or disprove a material fact," while section 90.402 states that "[a]ll relevant evidence is admissible

relevant evidence which should have been admitted. Section 90.402, Florida Statutes (1985), states all relevant

evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2007). "Relevant evidence is [defined

992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2009). However, even if evidence

there has been abuse of discretion); see also § 90.402, Fla. Stat. (2009) (“All relevant evidence is

is admissible, except *349 as provided by law." § 90.402, Fla. Stat. (2001). "Relevant evidence is evidence

Williams rule evidence; it is admissible under section 90.402, Florida Statutes, because "it is a relevant

the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence. Id.; see

effect that all relevant evidence is admissible (§ 90.402, Fla. Stat.); second, relevant evidence that is

(Fla. 1994). Such evidence is admissible under section 90.402 because “it is a relevant and inseparable part

acts. Thus, the general rule of relevance in section 90.402 controls. See Jorgenson v. State, 714 So.2d

with the crime charged, is admissible under section 90.402, Florida Statutes, because "it is a relevant

evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2007). Evidence is "relevant" if

1959),] rule evidence. It is admissible under section 90.402 because `it is a relevant and inseparable part

such contract provision in the instant case. [2] § 90.402 provides: "All relevant evidence is admissible

supreme court recognized that relevancy under section 90.402 was not abrogated by the adoption of section

tending to prove or disprove a material fact." Section 90.402 provides: "All relevant evidence is admissible

unless the law precludes its introduction. See § 90.402, Fla. Stat. (2008). Relevant evidence is defined

Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part

probative value of this relevant evidence. See § 90.402 & 90.403, Fla.Stat. (1993). On Issue II, in which

evidence is admissible, except as provided by law." § 90.402. Second, the evidence the appellant sought to

absent a showing of abuse of discretion. See § 90.402; Heath v. State, 648 So.2d 660, 664 (Fla.1994)

outweighed by the risk of unfair prejudice. Section 90.402, Florida Statutes (2014), provides that “[a]ll

admissible, unless excluded by a specific rule. See § 90.402, Fla. Stat. (2007). Relevant evidence is "evidence

properly admitted as "res gestae" evidence under section 90.402, Florida Statutes. We agree with the defendant

and the trial court improperly excluded them. § 90.402, Fla. Stat. (1979). Given the sparsity of evidence

162 So. 3d 52, 54 (Fla. 4th DCA 2014) (citing § 90.402, Fla. Stat.). Evidence is relevant if it tends

apply and the general rule [of relevancy] in section 90.402[[3]] controls." Id. at 837. In Dennis v. State

evidence to be admissible, it must be relevant. See § 90.402, Fla. Stat. (2002); Gore v. State, 719 So.2d 1197

with the crime charged ... is admissible under section 90.402 because “it is a relevant and inseparable part

with admissible evidence may be allowed under section 90.402, Florida Statutes (1993). See Coolen v. State

analyzed not under section 90.404(2)(a), but under section 90.402, Florida Statutes (2002), which states that

State, 110 So.2d 654, 662 (Fla.1959); see also § 90.402, Fla. Stat. (1999). Section 90.404(2), Florida

latitude in cross-examining K.G.'s mother. Under Section 90.402, Florida Statutes (1989), all relevant evidence

precluded by a specific rule of exclusion. See § 90.402(2)(a), Fla. Stat. (1997); Heiney v. State, 447

of a civil suit was irrelevant pursuant to section 90.402, Florida Statutes. The court held that there

966, 968 (Fla. 1994). "It is admissible under section 90.402 because `it is a relevant and inseparable part

evidence is admissible, except as provided by law. § 90.402 Fla. Stat. (2007). Relevant evidence is evidence

evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2005). “Relevant evidence is evidence

moved for mistrial which was, again, denied. Section 90.402, Florida Statutes, provides that evidence must

charged under the general rule of relevance. See § 90.402, Fla. Stat. (2008); Dorsett, 944 So.2d at 1213;

evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2008). "Relevant evidence is evidence

evidence and evidence that was relevant under, section 90.402, Florida Statutes (2010). However, the trial

admissible un*1140less otherwise prohibited by law. Section 90.402, Florida Statutes (1977). We do not find that

is presumptively admissible, Fla.Evidence Code § 90.402, and I see no foundation for the claim that there

tending to prove or disprove a material fact.' Section 90.402 states, `All relevant evidence is admissible

trial court erred in excluding the letter. Section 90.402, Florida Statutes (1987), provides that all

that weapon. We find no abuse of discretion. See § 90.402, Fla. Stat. [9] The Florida Supreme Court recently

Collateral crimes evidence is admissible under section 90.402 of the Florida Statutes if it is a "relevant

with the crime charged” is admissible under section 90.402, Florida Statutes (2015), because “it is a

outweighed by its unfairly prejudicial effect. Under section 90.402, Florida Statutes (2007), all relevant evidence

with the crime charged, is admissible under section 90.402, Florida Statutes, because ‘it is a relevant

Williams rule evidence. It is admissible under section 90.402 because “it is a relevant and inseparable part

into the category of relevant evidence under section 90.402; therefore, no pretrial notice under section

of the RVA was not relevant to this case. See § 90.402, Fla. Stat. (allowing only relevant evidence to

66 So.3d 912 , 917 (Fla. 2011). Section 90.402, Florida Statutes (2018), provides: "All relevant