Hoxter v. State

3 Citing cases

  1. Hempstead v. State

    980 So. 2d 1254 (Fla. Dist. Ct. App. 2008)   Cited 11 times
    Holding that the reversal and remand on some of the defendant's rule 3.850 claims require the reversal of the cumulative error claim

    Id. In Hoxter v. State, 553 So.2d 785 (Fla. 1st DCA 1989), the State argued that the trial court properly denied severance of five grand theft counts because the offenses "were temporally and geographically connected, and that the nature of the offenses and manner in which they were committed were identical in that the home-owners were cheated out of their property by the exact same scheme." Id. at 786.

  2. Beal v. State

    620 So. 2d 1015 (Fla. Dist. Ct. App. 1993)   Cited 4 times
    Discussing elements of theft by false pretenses

    Joinder of criminal offenses is not warranted where the charges are based on similar but separate episodes, separated in time, which are "connected" only by similar circumstances and the accused's alleged guilt in both or all instances. Paul v. State, 385 So.2d 1371 (Fla. 1980) (adopting Paul v. State, 365 So.2d 1063, 1065 (Fla. 1st DCA 1979) (Smith, J., dissenting)). In determining whether two or more acts or transactions are connected, the court must consider the temporal and geographic association of the offenses, and the manner in which they were committed. Warren v. State, 475 So.2d 1027 (Fla. 1st DCA 1985); see Hoxter v. State, 553 So.2d 785 (Fla. 1st DCA 1989) (finding denial of severance reversible error where five very similar crimes involving different victims committed over eight month period); McMullen v. State, 405 So.2d 479 (Fla. 3d DCA 1981) (on motion for rehearing) (finding denial of severance reversible error where five robberies occurred within nine days, four of five involved well-known fast food restaurants and all occurred in the northwest quadrant of Dade County); Macklin v. State, 395 So.2d 1219 (Fla. 3d DCA 1981) (finding denial of severance reversible error where offenses occurred within five days, at locations less than one block apart, and had the common object of robbing taxicab drivers summoned by phone); cf. Solomon v. State, 596 So.2d 789 (Fla. 3d DCA 1991) (finding sale of drugs within 1,000 feet of a school and possession of drugs in defendant's apartment episodically connected in part because in both instances the apartment was the storage place for the drugs); Warren v. State, 475 So.2d 1027 (Fla. 1st DCA 1985)

  3. Alexander v. State

    615 So. 2d 239 (Fla. Dist. Ct. App. 1993)   Cited 1 times

    We affirm in part and reverse in part. Assuming, without deciding, that the trial court erred in whole or in part in denying the defendant's bare-bones motion for severance of counts, Garcia v. State, 568 So.2d 896, 897-99 (Fla. 1990); see also Boyd v. State, 578 So.2d 718 (Fla. 3d DCA), rev. denied, 581 So.2d 1310 (Fla. 1991); Hoxter v. State, 553 So.2d 785 (Fla. 1st DCA 1989), we are convinced beyond a reasonable doubt that there is no reasonable possibility that the error, if any, contributed to the verdict, and, accordingly, the alleged error was entirely harmless. We reach this result because: (1) there was extremely weak or virtually no incriminating evidence adduced at trial by the state on the November 25 and December 5, 1991 criminal episodes, and, as a result, (a) the jury acquitted the defendant on the November 25 offenses, and (b) the trial court entered a judgment of acquittal at the close of the state's case on the December 5 offenses and gave an appropriate cautionary instruction to the jury; and (2) the evidence of guilt on the aggravated battery conviction [a lesser offense of the attempted murder charge] on the September 24 criminal episode was overwhelming.Livingston v. State, 565 So.2d 1288 (Fla. 1988); Beltran v. State, 530 So.2d 1045 (Fla. 3d DCA 1988), approved, 566 So.2d 792 (Fla. 1990).