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Lamore v. State

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RANDALL LAMORE, Appellant, v. STATE OF FLORIDA,. Appellee. Case No. 5D07-2271. District Court of Appeal of Florida, Fifth District. Opinion filed May 30, 2008. Appeal from the Circuit Court for Marion County, Brian Lambert, Judge. W. Mark Burnette of Mark Burnette, P.A., Ocala, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. LAWSON, J. Randall G. Lamore timely appeals his convictions by jury verdict for driving under the influence of alcohol, (”DUI“),1 and driving while driver’s license permanently revoked, (”DWLR”).2 Lamore contends that his convictions and sentences should be reversed because: (1) “both the DUI and the DWLR statutes under which [he] was convicted violate the due process clauses of both the United States and Florida Page 2 Constitutions”; (2) the evidence was legally insufficient to sustain a conviction for DWLR as the State failed to prove that he was on a “highway”; (3) the State presented speculative and unfairly prejudicial testimony through cross-examination of the defense witness, Gene Biel, that was irreparably harmful to him; and (4) the State made an unfairly prejudicial and legally erroneous argument to the jury in closing that was irreparably harmful to him...continue to full post

Full post as published by Florida Criminal Law Opinions on May 30, 2008 (boomark / email).