Summary
holding instruction on good faith was properly refused where there was no evidence that defendant “had an honest belief that he had a right to the property in question” and distinguishing cases where defendant was entitled to instruction as supported by the evidence
Summary of this case from Cliff Berry, Inc. v. StateOpinion
No. 82-2082.
August 30, 1983.
Appeal from the Circuit Court for Dade County, Bernard Jaffe, J.
Mark King Leban, Miami, for appellant.
Jim Smith, Atty. Gen., and Diane Zimmer Leeds and William Thomas, Asst. Attys. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.
Rejecting the defendant's primary contentions on appeal from his convictions of grand theft and the publication of false information, we hold that (a) his proffered instruction on the subject was properly refused because, unlike the situations in Rodriguez v. State, 396 So.2d 798 (Fla. 3d DCA 1981), and Dudley v. State, 405 So.2d 304 (Fla. 4th DCA 1981), on which he relies, there was no evidence that he had an honest belief that he had a right to the property in question and (b) the evidence of another transaction was properly admitted under Section 90.404(2)(a), Florida Statutes (1981) to show his "intent . . . knowledge . . . [and] absence of mistake or accident," which were all material facts in issue. There is no other reversible error.
Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.
Affirmed.