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Holmes v. State

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Dwayne Holmes a/k/a Frank Peterson, Appellant/Cross-Appellee, v. The State of Florida, Appellee/Cross-Appellant.No. 3D06-2940 District Court of Appeal of Florida, Third District. Opinion filed October 1, 2008. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge, Lower Tribunal No. 98-31618. Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant/cross-appellee. Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for appellee/cross-appellant. Before WELLS, SUAREZ, and ROTHENBERG, JJ. WELLS, Judge. Dwayne Holmes a/k/a Frank Peterson appeals from convictions and sentences on two counts of first degree murder and a single count of armed burglary of an occupied dwelling, claiming that the trial court erred in refusing to compel a subpoenaed witness to appear at trial and in denying a motion for continuance to accomplish this end and in rejecting his argument that the evidence was legally insufficient to send this case to the jury...continue to full post

Full post as published by Florida Criminal Law Opinions on October 01, 2008 (boomark / email).