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Cole v. State

District Court of Appeal of Florida, Third District
Nov 3, 1999
745 So. 2d 428 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2145.

Opinion filed November 3, 1999.

An Appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge; L.T. No. 97-2969.

Bennett H. Brummer, Public Defender, and Robert Godfrey and Beth C. Weitzner, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and GREEN, JJ.


The defendant appeals his conviction for second degree murder and the denial of his motion for a new trial. Because there is sufficient, independent evidence to support the defendant's conviction, notwithstanding the post-trial disclosure that one of the state's witnesses was rewarded by "Crimestoppers," we affirm. See Gonzalez v. State, 449 So.2d 882, 888 (Fla. 3d DCA 1984) ("No abuse of discretion where the action of the court is supported by competent and substantial evidence."). There was no possibility that error, if any, contributed to the conviction. See State v. DiGuilio, 491 So.2d 1129, 1135 (Fla. 1986).

Affirmed.


Summaries of

Cole v. State

District Court of Appeal of Florida, Third District
Nov 3, 1999
745 So. 2d 428 (Fla. Dist. Ct. App. 1999)
Case details for

Cole v. State

Case Details

Full title:EVERTON COLE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 3, 1999

Citations

745 So. 2d 428 (Fla. Dist. Ct. App. 1999)