5D10-725 William Clairvin v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-725

Case Date: 01/31/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

WILLIAM CLAIRVIN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 4, 2011 Appeal from the Circuit Court for Brevard County, Robert T. Burger, Judge. James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Morton v. State, 689 So. 2d 259, 264 (Fla. 1997), receded from in part on other grounds, Rodriguez v. State, 753 So. 2d 29, 47 (Fla. 2000) (where witness gives both favorable and unfavorable testimony, party calling witness should usually be permitted to impeach witness with prior inconsistent statement; statement should be truly inconsistent and caution should be exercised in permitting impeachment Case No. 5D10-725

of witness who has given favorable testimony but simply fails to recall every detail unless witness appears to be fabricating).

MONACO, C.J., EVANDER and JACOBUS, JJ., concur.

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