Opinion
No. 3D11-185 Lower Tribunal No. 09-5238
05-09-2012
M.M., a juvenile, Appellant, v. The State of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Michael T. Davis, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge.
Carlos J. Martinez, Public Defender, and Michael T. Davis, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.
PER CURIAM.
Affirmed. See Sorey v. State, 419 So. 2d 810, 813 (Fla. 3d DCA 1982) (holding that where fingerprints "are located in a place, on an object, or on a particular part of an object to which the general public does not have access, the hypothesis that the print was not placed on the object at the time of the crime is not one which the court must declare reasonable as a matter of law, and it remains for the jury to determine its reasonableness. . . . Such proof, standing alone, is legally sufficient, and the jury may infer from it that the print was made at the time of the crime."); Roberts v. State, 268 So. 2d 578 (Fla. 3d DCA 1972) (holding motion for judgment of acquittal properly denied where defendant's fingerprints were found on kitchen doorjamb, on cigarette lighter in bedroom, and on windowsill in bedroom; prints were left in a private home in areas or on objects not accessible to general public); Summerson v. State, 200 So. 2d 594 (Fla. 3d DCA 1967) (holding fingerprint evidence sufficient to support conviction where dentist's office was broken into and defendant's fingerprint was found on a file cabinet located in a private area not accessible to patients or the general public).