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Rosa v. StateRosa v. State

District Court of Appeal of Florida
Mar 23, 1982
81-711
Versions:412 So. 2d 891

BASKIN, Judge.

We reverse defendant Rosa‘s conviction of second-degree murder upon our holding that the photograph of the deceased‘s blood-spattered body, which depicted the results of emergency procedures performed after the stabbing, including protruding surgical tubes and sutures, was irrelevant. Dyken v. State, 89 So.2d 866 (Fla. 1956); Beagles v. State, 273 So.2d 796 (Fla. 1st DCA 1973); see Booker v. State, 397 So.2d 910 (Fla. 1981); Leach v. State, 132 So.2d 329 (Fla. 1962).

In addition, we find error in the trial court‘s failure to state its reasons for retaining jurisdiction over defendant Rosa pursuant to section 947.16(3)(a), Florida Statutes (1979).

Defendant‘s remaining point lacks merit.

Reversed and remanded.

Case Details

Case Name: Rosa v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 23, 1982
Citations: 412 So. 2d 891; 81-711
Docket Number: 81-711
Court Abbreviation: Fla. Dist. Ct. App.
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