Annotations, Discussions, Cases:
Cases Citing Statute 90.91
Total Results: 5
568 So. 2d 92, 1990 WL 152113
District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 1526576
Published
...ettes. *93 The cigarettes themselves were returned to the Circle K store and were not produced at Thomas's trial. Instead, the state was permitted to substitute the pictures taken by the officer. Thomas objected that the photos failed to comply with section 90.91, Florida Statutes (1987)....
...with the law enforcement authority or court holding such property as evidence." The pictures were never filed, but were merely brought into court at trial by the witness. Therefore the question before us, which appears to be one of first impression, is under what circumstances noncompliance with section 90.91 will serve to invalidate a theft conviction where photographic evidence has been used. We hold that an accused who objects to a violation of section 90.91 must demonstrate that prejudice results from the failure to comply with the statute's technical requirements. Section 90.91 was adopted in 1984, at which time the legislature made certain findings of fact....
...upon the constitutional rights of defendants." § 2, Ch. 84-363, Laws of Fla. Prior to that time, Thomas claims, "the state had to submit the actual item stolen." This is not necessarily so. In fact, Professor Ehrhardt describes the requirements of section 90.91 as "much more stringent than the rules were prior to the enactment of the statute." Ehrhardt, Florida Evidence, 2d Ed....
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