Jerry Franklin Mims v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 8, 2021
Docket1D20-1673
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-1673
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JERRY FRANKLIN MIMS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court in Nassau County.
James Daniel, Judge.
April 8, 2021
PER CURIAM.
Jerry Mims appeals his judgment and sentence for several
crimes resulting from his flight from law enforcement and
possession of contraband. He raises one issue: that the trial court
erred when it did not require the State to present the full video of
the car chase pursuant to the rule of completeness codified in
section 90.108(1), Fla. Stat. (2020). The trial judge made a
tentative ruling on the admissibility of the omitted portion of the
video but invited Mr. Mims to proffer it to establish admissibility.
No proffer was made.
โWhere a judge has tentatively granted a motion in limine
concerning an area of evidence, but has indicated a willingness to
reconsider the ruling after hearing a proffer of the actual
testimony outside the juryโs presence during trial, it is necessary
to proffer the testimony sought to be introduced in order to
preserve the issue for appeal.โ Donley v. State, 694 So. 2d 149, 150
(Fla. 4th DCA 1997). Because this claim was not preserved, we
affirm.
AFFIRMED.
BILBREY, NORDBY, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Maria Ines Suber, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Robert Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Appellee.
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