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Miller v. State

District Court of Appeal of Florida, Third District
Dec 1, 1999
748 So. 2d 327 (Fla. Dist. Ct. App. 1999)

Summary

impersonating police officer to obtain entry into home of elderly person

Summary of this case from W.E.P. v. State

Opinion

No. 99-444.

Opinion filed December 1, 1999.

An appeal from the Circuit Court for Dade County, Maxine Cohen-Lando, Judge, L.T. No. 98-4327.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before COPE, LEVY and GERSTEN, JJ.


We entirely agree with the trial court that the similar fact evidence of other crimes committed by defendant-appellant Curtis Miller was admissible to prove identity, plan, and modus operandi. See § 90.404(2)(a), Fla. Stat. (1997); Mazepa v. State, 439 So.2d 1029, 1031 (Fla. 3d DCA 1983). The defendant's two prior crimes directed against elderly victims were quite similar to the present case and the evidence of those prior crimes was admissible to explain the defendant's method of operation, as well as his motive and intent, in obtaining entry into this elderly victim's home under false pretenses. The defendant's convictions for burglary and falsely impersonating a law enforcement officer are affirmed.


Summaries of

Miller v. State

District Court of Appeal of Florida, Third District
Dec 1, 1999
748 So. 2d 327 (Fla. Dist. Ct. App. 1999)

impersonating police officer to obtain entry into home of elderly person

Summary of this case from W.E.P. v. State
Case details for

Miller v. State

Case Details

Full title:CURTIS MILLER, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 1, 1999

Citations

748 So. 2d 327 (Fla. Dist. Ct. App. 1999)

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