Laureano Quesada v. State
The Sixth DCA affirmed Quesada's convictions for conspiracy to commit robbery, attempted robbery, and attempted felony murder, rejecting his argument that a mistrial was required after his co-defendant testified they had discussed 'doing a robbery on somebody else.' The majority held the isolated, vague reference was not so prejudicial as to vitiate the trial, while Judge Nardella dissented, arguing the uncharged-crime testimony deprived Quesada of a fair trial. Notably, the majority's footnote observes that the Florida Supreme Court in Johnson v. State (2024) disavowed the long-repeated proposition that improper admission of uncharged-crime evidence is 'presumed harmful error,' calling it nonbinding dicta and a misstatement of law.
Key facts
- Laureano Quesada was convicted in the trial court of conspiracy to commit robbery, attempted robbery, and attempted felony murder.
- During trial, Quesada's co-defendant testified that he and Quesada had discussed 'doing a robbery on somebody else,' which was not part of the charged crimes.
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Why it matters
This opinion is useful primarily for its footnote flagging that the Florida Supreme Court's 2024 Johnson decision disavowed the widely-cited 'presumed harmful error' standard for uncharged-crime evidence that had been… — full analysis with a trial
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