The granting or denying of a motion for severance lies within the sound discretion of the trial judge. Rollins v. State, 148 So.2d 274, 276 (Fla. 1963); Cravero v. State, 349 So.2d 649 (Fla. 3d DCA 1977), cert. denied, 358 So.2d 129 (Fla. 1978). A denial of a motion for severance constitutes an abuse of discretion only if the defendant can demonstrate that he was injured by having a joint trial.
In a written decision dated July 26, 1977, that court rejected Petitioner's claims. See Cravero v. State, 349 So.2d 649 (Fla. 3d DCA 1977). Certiorari review was sought and denied by the Florida Supreme Court on March 15, 1978. Petitioner charges that a police report containing statements by a purported "eyewitness" as to the crime was "totally contradictory to the state's theory of the case" and was not disclosed by the prosecution.
Hirabayashi v. United States, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943); Mathis v. State, 348 So.2d 1221 (Fla.3d DCA 1977), cert. denied, 357 So.2d 186 (Fla. 1978); see also, Bush v. State, 369 So.2d 674, 676, n. 2 (Fla.3d DCA 1979); Gibson v. State, 368 So.2d 667, 668, n. 2 (Fla.3d DCA 1979). Finally, contrary to the appellant's claims, we find no error in the trial court's admission of a photograph of the crime scene, Bauldree v. State, 284 So.2d 196 (Fla. 1973); Cravero v. State, 349 So.2d 649 (Fla.3d DCA 1977), cert. denied, 358 So.2d 129 (Fla. 1978), or in its approval of the prosecutor's reference in final argument to Jacobs' failure to call a supposedly favorable witness at the trial. Buckrem v. State, 355 So.2d 111 (Fla. 1978); Shapiro v. State, 345 So.2d 361 (Fla.3d DCA 1977), cert. denied, 353 So.2d 678 (Fla. 1977); Jenkins v. State, 317 So.2d 90 (Fla. 1st DCA 1975).
In that case, the Supreme Court held that a conviction will not be reversed for violation of the Brady rule unless the omission is of sufficient importance to result in a denial of defendant's right to a fair trial. It is clear from this record that the proof of the present defendant's guilt was beyond a reasonable doubt and that the omission claimed could have had no meaningful effect upon the outcome of the trial. Cf. Cravero v. State, 349 So.2d 649 (Fla. 3d DCA 1977). Therefore, we find no error.
Generally, the determination of admissibility is predicated upon relevancy. See, e.g., Swan v. State, 322 So.2d 485 (Fla. 1975); Bauldree v. State, 284 So.2d 196 (Fla. 1973); Cravero v. State, 349 So.2d 649 (Fla. 3d DCA 1977); Allen v. State, 340 So.2d 536 (Fla. 3d DCA 1976); and Garmise v. State, 311 So.2d 747 (Fla. 3d DCA 1975). In applying these principles to the instant case, it is clear that the relevancy of the photographs admitted into evidence was disclosed.