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Wright v. State

District Court of Appeal of Florida, Fourth District
Aug 15, 1984
453 So. 2d 440 (Fla. Dist. Ct. App. 1984)

Summary

reversing a single count but affirming other convictions when evidence was improperly admitted that affected only the reversed count

Summary of this case from State v. Needelman

Opinion

No. 82-2055.

July 10, 1984. Rehearing Denied August 15, 1984.

Appeal from the Circuit Court, Broward County, Humes T. Lasher, J.

George T. Pallas of Law Offices of William A. Meadows, Jr., South Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


This is an appeal from multiple convictions for securities fraud. We affirm in part and reverse in part.

Although we reject appellant's claim that the trial court erred in failing to direct a verdict of acquittal, we reverse appellant's conviction of organized fraud as alleged in Count I of the information because we find that the trial court erroneously permitted the state, over the objection of the appellant, to introduce evidence concerning alleged victims and transactions not alleged in the information. Some of these transactions involved persons not alleged as victims in the information and occurred at times before the organized fraud statute even existed. In addition to being irrelevant to the charges actually filed, the admission of this evidence appears also to have been a violation of the constitutional prohibitions against double jeopardy and ex post facto laws. Cf. Raulerson v. State, 358 So.2d 826 (Fla. 1978), cert. denied, 439 U.S. 959, 99 S.Ct. 364, 58 L.Ed.2d 352 (1978) and United States v. Hall, 632 F.2d 500 (5th Cir. 1980). We reject the state's late claim, expressly not relied on in the trial court, that this evidence was admissible under the provisions of section 90.404, Florida Statutes (1981), providing for the admission of evidence of other crimes having a similar factual pattern. Because of the erroneous admission of this evidence appellant is entitled to a new trial as to Count I.

We affirm appellant's other convictions and reject his claims as to the insufficiency of the evidence to prove a security fraud as to the alleged victims involved and also his claim of error as to the trial court's rulings related to the prosecutor's closing argument.

Accordingly, we affirm in part and reverse in part and remand this cause for further proceedings in accord herewith.

ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.


Summaries of

Wright v. State

District Court of Appeal of Florida, Fourth District
Aug 15, 1984
453 So. 2d 440 (Fla. Dist. Ct. App. 1984)

reversing a single count but affirming other convictions when evidence was improperly admitted that affected only the reversed count

Summary of this case from State v. Needelman
Case details for

Wright v. State

Case Details

Full title:HUEY L. WRIGHT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 15, 1984

Citations

453 So. 2d 440 (Fla. Dist. Ct. App. 1984)

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