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Valdez v. State

District Court of Appeal of Florida, Third District
Sep 10, 1991
585 So. 2d 479 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1496.

September 10, 1991.

Appeal from the Circuit Court, Dade County, Catherine M. Pooler, J.

Bennett H. Brummer, Public Defender, and May L. Cain, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.


Raul Valdez appeals his conviction for second degree murder. We affirm. First, we conclude that the limits placed on defense counsel's voir dire examination of the jury were within permissible bounds and that there was no abuse of discretion in the trial court's ruling. See Stano v. State, 473 So.2d 1282, 1285 (Fla. 1985), cert. denied, 474 U.S. 1093, 106 S.Ct. 869, 88 L.Ed.2d 907 (1986); Brunson v. State, 492 So.2d 1155, 1156 (Fla.3d DCA 1986). Second, given the facts of the confrontation between the defendant and the victim, including the defendant's threats against the victim at the very outset, the State presented facts sufficient to go to the jury on the second degree murder charge. See Soberon v. State, 545 So.2d 490 (Fla.3d DCA 1989); Pressley v. State, 395 So.2d 1175 (Fla.3d DCA), review denied, 407 So.2d 1105 (Fla. 1981); Bristow v. State, 338 So.2d 553 (Fla.3d DCA 1976). We therefore reject the argument that the conviction must be reduced to that of manslaughter. No reversible error is shown by the remaining points on appeal.

Affirmed.


Summaries of

Valdez v. State

District Court of Appeal of Florida, Third District
Sep 10, 1991
585 So. 2d 479 (Fla. Dist. Ct. App. 1991)
Case details for

Valdez v. State

Case Details

Full title:RAUL VALDEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 10, 1991

Citations

585 So. 2d 479 (Fla. Dist. Ct. App. 1991)

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