Michael Delgado v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed September 30, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-910 Lower Tribunal No. 17-1698 ________________ Michael Delgado, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Andrea R. Wolfson, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee. Before EMAS, C.J., and LOGUE, and MILLER, JJ. PER CURIAM.  Affirmed. See Peede v. State, 955 So. 2d 480, 499 (Fla. 2007) (“A trial court’s ruling on the relevancy of evidence and whether or not the probative value is outweighed by the danger of unfair prejudice is governed by an abuse of discretion standard of review.”) (citing Williamson v. State, 681 So. 2d 688, 696 (Fla. 1996)); Taylor v. State, 855 So. 2d 1, 22 (Fla. 2003) (“[A] large measure of discretion rests in the trial judge to determine whether the probative value of the evidence is substantially outweighed by its prejudicial effect.”) (citing Walker v. State, 707 So. 2d 300, 309 (Fla. 1997)). 2