Initial Brief of Appellant - Florida State University College of Law

STATEMENTO F T H EG ASE
Lavarity Robertson was charged by indictment returned on
December 7, 1988 with first degree murder of Frank Ernesto Najarro
Rivas (Frank Najarro) (Count I); first degree murder of lsilia Leticia
Paguada Martinez (Leticia Paguada) (Count 11); armed robbery of
Rivas (Najarro) (Count 111); armed robbery of Martinet (Paguada)
(Count IV); armed burglary of a conveyance with an assault (Count
V); and possession of a firearm while engaged in a criminal offense
(Count VI). (R. 1 -4A). A superseding four-count indictment,
returned July 19, 1989, omitted the charges of armed robbery of
Frank Najarro and unlawful possession of a firearm. (R. 5-7A).
Prior to the commencement of Robertson’s trial by jury on July
24, 1989, the trial court heard and denied his motion to suppress
statements. (T. 228-82). The trial court denied the defendant’s
“renewed objection” to the statements, which objection was made
after the admission of the statements through the testimony of the
lead detective. (T. 916).
The trial court also denied Robertson‘s motions for mistrial (T.
685, 1073-77, 1125-27, 1215, 1233-35, 1237), as well as his
motions for judgment of acquittal made on the ground that the
“State has failed to prove each and every count of the Indictment.”
(T. 1159).
At the conclusion of trial, on July 28, 1989, the jury found the
defendant guilty as charged. (T. 1298-99; R. 153-56). The trial
court adjudicated the defendant in accordance with the verdicts (R.
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LAW OFFICES
ROBIN H. GREENE, P.A.