Rinad Kitaygorodskiy v. The State of Florida

CourtDistrict Court of Appeal of Florida
DecidedNovember 15, 2023
Docket2022-1270
StatusPublished

This text of Rinad Kitaygorodskiy v. The State of Florida (Rinad Kitaygorodskiy v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rinad Kitaygorodskiy v. The State of Florida, (Fla. Ct. App. 2023).

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 15, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1270 Lower Tribunal No. F21-13346 ________________

Rinad Kitaygorodskiy, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before FERNANDEZ, SCALES and HENDON, JJ.

PER CURIAM. Affirmed. See Edwards v. State, 712 So. 2d 407, 408 (Fla. 5th DCA

1998) (concluding that the erroneous admission of a police officer’s

identification of the defendant in a crime videotape “was merely cumulative”

where eyewitnesses testified at trial that the defendant was the person who

committed the crime; thus, “any error resulting from the admission of the

identification testimony was harmless”); Scott v. State, 66 So. 3d 923, 930

(Fla. 2011) (“[U]nder the ‘invited response’ doctrine, the State is permitted

‘to emphasize uncontradicted evidence for the narrow purpose of rebutting

a defense argument since the defense has invited the response.’” (quoting

Caballero v. State, 851 So. 2d 655, 660 (Fla. 2003))).

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Related

Caballero v. State
851 So. 2d 655 (Supreme Court of Florida, 2003)
Edwards v. State
712 So. 2d 407 (District Court of Appeal of Florida, 1998)
Scott v. State
66 So. 3d 923 (Supreme Court of Florida, 2011)

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