Florida Statute 90.404 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.404

90.404 Character evidence; when admissible.—

(1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:

(a) Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.

(b) Character of victim.—

1. Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or

2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

(2) OTHER CRIMES, WRONGS, OR ACTS.—

(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

(b)1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.

2. For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.

(c)1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.

2. For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).

(d)1. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.

2. When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.

(3) Nothing in this section affects the admissibility of evidence under s. 90.610.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 90-40; s. 26, ch. 93-156; s. 473, ch. 95-147; s. 1, ch. 2001-221; s. 9, ch. 2008-172; s. 2, ch. 2011-220; s. 14, ch. 2012-97; s. 15, ch. 2014-160.

F.S. 90.404 on Google Scholar

F.S. 90.404 on CourtListener

Amendments to 90.404

Annotations, Discussions, Cases:

Cases Citing Statute 90.404

Total Results: 846

Pagan v. State

830 So. 2d 792, 2002 WL 500315

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 329524

Cited 585 times | Published

Bryan v. State, 533 So.2d 744, 746 (Fla. 1988). Section 90.404(2)(a), Florida Statutes (1995), provides: Similar

Robertson v. State

829 So. 2d 901, 2002 WL 31267817

Supreme Court of Florida | Filed: Oct 10, 2002 | Docket: 350394

Cited 231 times | Published

under Section 90.404(2)(a), Florida Statutes (1997)." Robertson, 780 So.2d at 110. Section 90.404(2)(a)

Rogers v. State

511 So. 2d 526, 12 Fla. L. Weekly 368

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 365218

Cited 182 times | Published

continuously reaffirmed by this *532 Court. See also § 90.404(2)(a), Fla. Stat. (1985). Sixth, Rogers contends

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

character should not have been presented to the jury. § 90.404, Fla. Stat. (1985). However, because Smith did

Johnston v. State

863 So. 2d 271, 2003 WL 22349638

Supreme Court of Florida | Filed: Oct 16, 2003 | Docket: 401179

Cited 111 times | Published

Williams v. State, 110 So.2d 654 (Fla. 1959); § 90.404, Fla. Stat. (Supp. 1996). [5] The aggravating

Conde v. State

860 So. 2d 930, 2003 WL 22052316

Supreme Court of Florida | Filed: Sep 4, 2003 | Docket: 454675

Cited 107 times | Published

motion in July 1995. Thereafter, pursuant to section 90.404(2)(b)(1), Florida Statutes (1995), the State

Heuring v. State

513 So. 2d 122, 12 Fla. L. Weekly 486

Supreme Court of Florida | Filed: Sep 24, 1987 | Docket: 1295468

Cited 104 times | Published

Florida Statutes (1977-1983). Pursuant to section 90.404(2) and (4)(e), Florida Statutes (1985), the

McDuffie v. State

970 So. 2d 312, 32 Fla. L. Weekly Fed. S 763

Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1151064

Cited 100 times | Published

110 So.2d 654 (Fla.1959), and is codified at section 90.404(2), Florida Statutes (2005). This rule allows

Swafford v. State

533 So. 2d 270, 1988 WL 101552

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 401031

Cited 97 times | Published

the kind forbidden by the Williams rule and section 90.404(2). Id. at 461. Moreover, Jackson cited with

McWatters v. State

36 So. 3d 613, 35 Fla. L. Weekly Supp. 169, 2010 Fla. LEXIS 406, 2010 WL 958069

Supreme Court of Florida | Filed: Mar 18, 2010 | Docket: 1638896

Cited 96 times | Published

662, 659. The rule has since been codified in section 90.404(2)(a), Florida Statutes (2006), which provides

Chandler v. State

702 So. 2d 186, 1997 WL 633729

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 2313637

Cited 96 times | Published

we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party

Finney v. State

660 So. 2d 674, 1995 WL 424173

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1637701

Cited 95 times | Published

look to the Williams[3] rule, as codified in section 90.404(2), Florida Statutes (1993),[4] for guidance

John S. Freund v. Robert A. Butterworth, Attorney General

165 F.3d 839, 1999 U.S. App. LEXIS 809, 1999 WL 24620

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 1999 | Docket: 2085742

Cited 93 times | Published

intent, knowledge, or identity. See Fla. Evid.Code § 90.404(2). In addition, even if this information could

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

evidence has been codified by the Legislature as section 90.404(2), Florida Statutes (1995). Later, in Bryan

Czubak v. State

570 So. 2d 925, 1990 WL 177008

Supreme Court of Florida | Filed: Nov 8, 1990 | Docket: 1348923

Cited 87 times | Published

prove the character or propensity of the accused. § 90.404(2)(a), Fla. Stat. (1987); Castro v. State, 547

Anderson v. State

841 So. 2d 390, 2003 WL 124468

Supreme Court of Florida | Filed: Jan 16, 2003 | Docket: 1656636

Cited 85 times | Published

counts of attempted sexual battery on Keinya. Section 90.404(2)(a), Florida Statutes (1993), provides: Similar

Griffin v. State

639 So. 2d 966, 1994 WL 318674

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310337

Cited 85 times | Published

intent to rely on the evidence pursuant to section 90.404(2)(b)1., Florida Statutes (1991). Griffin also

Garron v. State

528 So. 2d 353, 1988 WL 50184

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 2516956

Cited 82 times | Published

evidence pursuant to the Florida Evidence Code, section 90.404(2), Florida Statutes (1981), and Williams v

McLean v. State

934 So. 2d 1248, 2006 WL 1837909

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460812

Cited 80 times | Published

certified question of great public importance: Does section 90.404(2)(b), Florida Statutes (2001), violate due

Gore v. State

719 So. 2d 1197, 1998 WL 670380

Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 2518352

Cited 80 times | Published

introduce Williams[3]-rule evidence, pursuant to section 90.404(2)(b)1, Florida Statutes (1995), concerning

Bryan v. State

533 So. 2d 744, 1988 WL 97912

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 1232965

Cited 78 times | Published

of other crimes was introduced contrary to section 90.404(2), Florida Statutes (1983), and Williams v

Bradley v. State

787 So. 2d 732, 2001 WL 197024

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764

Cited 77 times | Published

evidence has been codified by the Legislature as section 90.404(2), Florida Statutes (1995). Later, in Bryan

Bradley v. State

787 So. 2d 732, 2001 WL 197024

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764

Cited 77 times | Published

evidence has been codified by the Legislature as section 90.404(2), Florida Statutes (1995). Later, in Bryan

Flanagan v. State

625 So. 2d 827, 1993 WL 347761

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 401281

Cited 77 times | Published

occasion is forbidden by the rules of evidence. § 90.404(1), Fla. Stat. (1987); see generally Charles W

Ibar v. State

938 So. 2d 451, 2006 WL 560586

Supreme Court of Florida | Filed: Mar 9, 2006 | Docket: 421577

Cited 76 times | Published

admissible if it meets the requirements of section 90.404(2), Florida Statutes (1999), which codifies

Pope v. State

679 So. 2d 710, 1996 WL 498599

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665825

Cited 76 times | Published

the battery and arrest were admissible under section 90.404(2), Florida Statutes (1993),[4] to prove motive

Correll v. State

523 So. 2d 562, 1988 WL 33735

Supreme Court of Florida | Filed: Jan 14, 1988 | Docket: 1517291

Cited 76 times | Published

Correll argues that this testimony violated section 90.404, Florida Statutes (1985), which prohibits the

Johnston v. State

497 So. 2d 863, 11 Fla. L. Weekly 585

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1264315

Cited 74 times | Published

his character in issue before the jury. See also § 90.404(2)(a), Fla. Stat. (1981). The first remark complained

Brooks v. State

918 So. 2d 181, 2005 WL 1475401

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1361360

Cited 68 times | Published

State, 110 So.2d 654, 663 (Fla.1959); see also § 90.404(2)(a), Fla. Stat. (2002). Evidence of bad acts

Wright v. State

19 So. 3d 277, 34 Fla. L. Weekly Supp. 497, 2009 Fla. LEXIS 1416, 2009 WL 2778107

Supreme Court of Florida | Filed: Sep 3, 2009 | Docket: 1651717

Cited 64 times | Published

solely to prove bad character or propensity. See § 90.404(2)(a), Fla. Stat. (2000). The trial court correctly

Smithers v. State

826 So. 2d 916, 2002 WL 992075

Supreme Court of Florida | Filed: May 16, 2002 | Docket: 56978

Cited 63 times | Published

separate trial of the other homicide, pursuant to section 90.404(2), Florida Statutes, on the issue(s) of motive

Rivera v. State

561 So. 2d 536, 1990 WL 49776

Supreme Court of Florida | Filed: Apr 19, 1990 | Docket: 1480671

Cited 63 times | Published

case, there is nothing in the language of [section 90.404(2)(a), Florida Statutes (1985)] which precludes

Coolen v. State

696 So. 2d 738, 1997 WL 268909

Supreme Court of Florida | Filed: May 22, 1997 | Docket: 1696110

Cited 61 times | Published

relating to this incident was inadmissible under section 90.404, Florida Statutes (1993).[3] However, subsections

State v. Savino

567 So. 2d 892, 1990 WL 149736

Supreme Court of Florida | Filed: Oct 4, 1990 | Docket: 1381388

Cited 55 times | Published

evidence" for exculpatory purposes if relevant. See § 90.404(2)(a), Fla. Stat. (1989).[1] Although we did not

Gore v. State

784 So. 2d 418, 2001 WL 391698

Supreme Court of Florida | Filed: Apr 19, 2001 | Docket: 1492595

Cited 54 times | Published

defendant's guilt, it is error to deny its admission. § 90.404(2)(a), Fla.Stat. (1985). However, the admissibility

Keen v. State

775 So. 2d 263, 2000 WL 1424523

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 2543941

Cited 54 times | Published

Ehrhardt, supra, § 404.9 at 180-81. That is, section 90.404(2)(a), Florida Statites (1995), applies without

Hayes v. State

660 So. 2d 257, 1995 WL 368405

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 1755833

Cited 54 times | Published

appellate review. The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party

Foster v. State

679 So. 2d 747, 1996 WL 399853

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 364333

Cited 53 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404, Fla.Stat. (1993). Evidence of other crimes or

Durousseau v. State

55 So. 3d 543, 35 Fla. L. Weekly Supp. 723, 2010 Fla. LEXIS 2087, 2010 WL 4977477

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 59052

Cited 52 times | Published

Crimes, Wrongs or Acts Evidence,” pursuant to section 90.404(2), Florida Statutes (1999), indicating that

State v. Lee

531 So. 2d 133, 1988 WL 93696

Supreme Court of Florida | Filed: Sep 1, 1988 | Docket: 1528591

Cited 51 times | Published

aspect of the offense being tried." Id. at 662. See § 90.404(2)(a), Fla. Stat. (1983). The test for admissibility

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

identity, or absence of mistake or accident." Section 90.404(2)(a), Fla. Stat. (1989); see also Williams

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

identity, or absence of mistake or accident." Section 90.404(2)(a), Fla. Stat. (1989); see also Williams

Jackson v. State

451 So. 2d 458

Supreme Court of Florida | Filed: May 10, 1984 | Docket: 1741210

Cited 50 times | Published

or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400

Ferrell v. State

653 So. 2d 367, 1995 WL 60801

Supreme Court of Florida | Filed: Feb 16, 1995 | Docket: 1530013

Cited 49 times | Published

Ct. 102, 4 L.Ed.2d 86 (1959), as codified in section 90.404(2)(a), Florida Statutes (1992), when it allowed

Wuornos v. State

644 So. 2d 1000, 1994 WL 513576

Supreme Court of Florida | Filed: Sep 22, 1994 | Docket: 356547

Cited 49 times | Published

outweighed by the potential for prejudice. See § 90.404(2)(a), Fla. Stat. (1989). All evidence of a crime

Peek v. State

488 So. 2d 52, 11 Fla. L. Weekly 175

Supreme Court of Florida | Filed: Apr 17, 1986 | Docket: 1685522

Cited 48 times | Published

v. State,[1] and the Florida Evidence Code, section 90.404(2)(a), Florida Statutes (1983).[2] Peek contends

Kight v. State

512 So. 2d 922, 12 Fla. L. Weekly 357

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1517310

Cited 46 times | Published

Ct. 102, 4 L.Ed.2d 86 (1959) and codified in section 90.404(2)(a), Florida Statutes. McGoogin testified

Escobar v. State

699 So. 2d 988, 1997 WL 377595

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321175

Cited 45 times | Published

crimes and acts are inadmissible pursuant to section 90.404, Florida Statutes (1989), because the evidence

Moore v. State

701 So. 2d 545, 1997 WL 603489

Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1736799

Cited 44 times | Published

propensity is not relevant and should not be admitted. § 90.404(2)(a), Fla. Stat. (1995); Bryan v. State, 533

Buenoano v. State

527 So. 2d 194, 1988 WL 63436

Supreme Court of Florida | Filed: Jun 23, 1988 | Docket: 529199

Cited 44 times | Published

reflect adversely upon the accused's character. Section 90.404(2)(a), Florida Statutes, (1983), codifies the

McCray v. State

71 So. 3d 848, 36 Fla. L. Weekly Supp. 383, 2011 Fla. LEXIS 1565, 2011 WL 2637377

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2353993

Cited 43 times | Published

evidence. The requirements and limitations of section 90.404 govern similar fact evidence while the general

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

Evidence] SIMILAR FACT EVIDENCE "WILLIAMS RULE" F.S. 90.404 Note to Judge; To be given at the time the evidence

Hartley v. State

686 So. 2d 1316, 1996 WL 528456

Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1260371

Cited 41 times | Published

as relevant Williams[2] rule evidence under section 90.404(2)(a), Florida Statutes (1995)(similar fact

Jaggers v. State

536 So. 2d 321, 1988 WL 137176

District Court of Appeal of Florida | Filed: Dec 20, 1988 | Docket: 1759626

Cited 41 times | Published

State, 110 So.2d 654 (Fla. 1959), codified at section 90.404(2)(a), Florida Statutes (1985). [4] In Proffitt

Butler v. State

842 So. 2d 817, 2003 WL 1786712

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370

Cited 40 times | Published

2000). Collateral crime evidence, codified in section 90.404, Florida Statutes (1997), is also relevant

Butler v. State

842 So. 2d 817, 2003 WL 1786712

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370

Cited 40 times | Published

2000). Collateral crime evidence, codified in section 90.404, Florida Statutes (1997), is also relevant

Mungin v. State

689 So. 2d 1026, 1995 WL 913235

Supreme Court of Florida | Filed: Sep 7, 1995 | Docket: 1739510

Cited 39 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); see also § 90.404(2), Fla.Stat. (1991). [2] § 921.141(5)(b), Fla

Crossley v. State

596 So. 2d 447, 1992 WL 49953

Supreme Court of Florida | Filed: Mar 19, 1992 | Docket: 1399870

Cited 39 times | Published

of the other as similar fact evidence under section 90.404(2), Florida Statutes (1989). See Williams v

White v. State

817 So. 2d 799, 2002 WL 500174

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 1728324

Cited 38 times | Published

as reverse Williams[4] rule evidence under section 90.404(2)(a), Florida Statutes (1999). White argues

Feller v. State

637 So. 2d 911, 1994 WL 137846

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 368820

Cited 38 times | Published

that it should be uniformly admissible under section 90.404(2), Florida Statutes (1989).[4] Nor does Heuring

Jackson v. State

522 So. 2d 802, 1988 WL 12544

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1660913

Cited 38 times | Published

this testimony and is entitled to a new trial. § 90.404(2)(a), Fla. Stat. (1985); Peek v. State, 488 So

Dessaure v. State

891 So. 2d 455, 2004 WL 2797213

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1349807

Cited 37 times | Published

solely to prove bad character or propensity." § 90.404(2)(a), Fla. Stat. (2001). B. APPLICATION OF LAW

Dennis v. State

817 So. 2d 741, 2002 WL 122250

Supreme Court of Florida | Filed: Jan 31, 2002 | Docket: 1429536

Cited 37 times | Published

admission of this evidence was clearly improper. Section 90.404, Florida Statutes (1997), as to the admissibility

Anderson v. State

574 So. 2d 87, 1991 WL 1328

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 2449739

Cited 36 times | Published

of similar wrongs addressed in Williams and section 90.404(2), Florida Statutes (1985), but is analogous

Victorino v. State

23 So. 3d 87, 34 Fla. L. Weekly Supp. 645, 2009 Fla. LEXIS 1954, 2009 WL 4061285

Supreme Court of Florida | Filed: Nov 25, 2009 | Docket: 1657703

Cited 35 times | Published

fact evidence subject to the requirements of section 90.404(2), Florida Statutes (2004). We hold that the

Huggins v. State

889 So. 2d 743, 2004 WL 2755802

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1488441

Cited 34 times | Published

defendant's guilt, it is error to deny its admission. § 90.404(2)(a), Fla. Stat. (1985). However, the admissibility

Smith v. State

866 So. 2d 51, 2004 WL 178582

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680037

Cited 34 times | Published

this evidence was admitted in violation of section 90.404(2)(c)(1), Florida Statutes (2001).[2] The record

Smith v. State

866 So. 2d 51, 2004 WL 178582

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680037

Cited 34 times | Published

this evidence was admitted in violation of section 90.404(2)(c)(1), Florida Statutes (2001).[2] The record

Nordyne v. Florida Mobile Home Supply

625 So. 2d 1283, 1993 Fla. App. LEXIS 10648, 1993 WL 419166

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 474261

Cited 34 times | Published

to prove intent, motive or plan. Fla. Evid.Code § 90.404(2)(a). Our review of the record leads us to conclude

Sexton v. State

697 So. 2d 833, 1997 WL 417435

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1777251

Cited 33 times | Published

So.2d 654 (Fla.1959), which is codified in section 90.404(2)(a), Florida Statutes (1993). Saffor v. State

Saffor v. State

660 So. 2d 668, 1995 WL 411388

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 1640109

Cited 33 times | Published

offense to constitute similar-fact evidence under section 90.404(2). A majority of the en banc panel found that

Robinson v. State

865 So. 2d 1259, 2004 WL 170362

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 58859

Cited 32 times | Published

to be admitted for anything but propensity. See § 90.404(2)(a), Fla. Stat. (2003) ("Similar fact evidence

Williamson v. State

681 So. 2d 688, 1996 WL 528459

Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1385252

Cited 32 times | Published

violation of the Williams[11] rule as codified by section 90.404(2)(a), Florida Statutes (1993). O'Brien's testimony

Williams v. State

621 So. 2d 413, 1993 WL 241031

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1266168

Cited 32 times | Published

assault women and thus is inadmissible under section 90.404(2)(a), Florida Statutes (1989). For the reasons

Mason v. State

438 So. 2d 374

Supreme Court of Florida | Filed: Sep 8, 1983 | Docket: 1271218

Cited 32 times | Published

admitted pursuant to and in compliance with section 90.404, Florida Statutes (1979), was introduced only

Squires v. State

450 So. 2d 208

Supreme Court of Florida | Filed: Mar 15, 1984 | Docket: 1729125

Cited 31 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1981). We cannot agree. The

Steverson v. State

695 So. 2d 687, 1997 WL 311853

Supreme Court of Florida | Filed: Jun 12, 1997 | Docket: 425032

Cited 30 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1993). [5] Cf. Williamson

Erickson v. State

565 So. 2d 328, 1990 WL 78965

District Court of Appeal of Florida | Filed: Jun 13, 1990 | Docket: 379799

Cited 30 times | Published

accused, or by the prosecution to rebut the trait. § 90.404(1)(a), Fla. Stat. (1987); Francis v. State, 512

Dorsett v. State

944 So. 2d 1207, 2006 WL 3734363

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 3281

Cited 29 times | Published

without providing ten days notice pursuant to section 90.404(2)(c)1, Florida Statutes (2003). Prior to trial

Johnson v. State

804 So. 2d 1218, 2001 WL 1285006

Supreme Court of Florida | Filed: Oct 25, 2001 | Docket: 1334473

Cited 29 times | Published

would have resisted the robbery attempt. Under section 90.404(1)(b), Florida Statutes (2000), evidence of

State v. Rawls

649 So. 2d 1350, 1994 WL 585668

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 1320673

Cited 29 times | Published

was an erroneous statement of the law because section 90.404(2)(a), Florida Statutes (1991), does not list

Pittman v. State

646 So. 2d 167, 1994 WL 525905

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 2518073

Cited 29 times | Published

testimony that Pittman had once made a gas bomb. Section 90.404(2)(a), Florida Statutes (1989), states: "Similar

Sias v. State

416 So. 2d 1213

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 1224654

Cited 29 times | Published

effective date of the Florida Evidence Code. By Section 90.404(2), Florida Statutes (1979), the legislature

Antoine v. State

138 So. 3d 1064, 2014 WL 1796099, 2014 Fla. App. LEXIS 6716

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240462

Cited 28 times | Published

Florida Evidence § 404.6 (2012 ed.). Under section 90.404(l)(b), Florida Statutes (2012), “evidence of

Jorgenson v. State

714 So. 2d 423, 1998 WL 306593

Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 390867

Cited 28 times | Published

therefore could not have been admitted under section 90.404(2)(a), Florida Statutes (1993).[5]See Sexton

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

in issue motive or intent, as required by Section 90.404(2)(a), Florida Statutes (1985). Gibbs v. State

Price v. State

538 So. 2d 486, 1989 WL 6157

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 472426

Cited 28 times | Published

clearly relevant to establishing modus operandi. Section 90.404(2)(a), Florida Statutes (1987) provides that:

The Florida Bar v. Germain

957 So. 2d 613, 2007 WL 1437442

Supreme Court of Florida | Filed: May 17, 2007 | Docket: 1679025

Cited 27 times | Published

not abuse his discretion in excluding it. See § 90.404(2)(a), Fla. Stat. (2005) (providing that similar

Sims v. State

681 So. 2d 1112, 1996 WL 399962

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 1384637

Cited 27 times | Published

offered as collateral crime evidence under section 90.404(2), Florida Statutes (1993),[6] as Sims asserts

Ferrell v. State

686 So. 2d 1324, 1996 WL 528457

Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1675958

Cited 26 times | Published

v. State, 686 So.2d 1316 (Fla.1996): Under [section 90.404(2)(a), Florida Statutes (1995)], evidence of

Hamilton v. State

703 So. 2d 1038, 1997 WL 655899

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1349336

Cited 25 times | Published

the facts and circumstances of the crime. Cf. § 90.404, Fla. Stat. (1995) (excluding character evidence

Cotita v. State

381 So. 2d 1146

District Court of Appeal of Florida | Filed: Feb 22, 1980 | Docket: 1722467

Cited 25 times | Published

1976), cert. den. 341 So.2d 1081 (Fla. 1976); Section 90.404(2)(a), Florida Statutes (1977); In Re: Florida

Peterson v. State

94 So. 3d 514, 37 Fla. L. Weekly Supp. 370, 2012 WL 1722581, 2012 Fla. LEXIS 963

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60310908

Cited 24 times | Published

admissible only if it fits under the provisions of section 90.404(2), Fla. Stat. (2009), contending that this

Remeta v. State

522 So. 2d 825, 1988 WL 27694

Supreme Court of Florida | Filed: Mar 31, 1988 | Docket: 480021

Cited 24 times | Published

of other crimes, wrongs, or acts pursuant to section 90.404(2), Florida Statutes (1985). At trial, the

Burr v. State

466 So. 2d 1051, 10 Fla. L. Weekly 126

Supreme Court of Florida | Filed: Feb 14, 1985 | Docket: 412938

Cited 24 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1981). Since this evidence

Burr v. State

466 So. 2d 1051, 10 Fla. L. Weekly 126

Supreme Court of Florida | Filed: Feb 14, 1985 | Docket: 412938

Cited 24 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1981). Since this evidence

Amoros v. State

531 So. 2d 1256, 1988 WL 96024

Supreme Court of Florida | Filed: Sep 15, 1988 | Docket: 544210

Cited 23 times | Published

(1959), and subsequent cases, and codified into section 90.404(2)(a) of the Florida Evidence Code.[3] The

Holsworth v. State

522 So. 2d 348, 1988 WL 12569

Supreme Court of Florida | Filed: Feb 18, 1988 | Docket: 1660832

Cited 23 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1985). We find no error. Testimony

Gorham v. State

454 So. 2d 556

Supreme Court of Florida | Filed: Jul 19, 1984 | Docket: 444343

Cited 23 times | Published

conformity with past character, as proscribed in section 90.404, Florida Statutes (1981). We must therefore

Gore v. Secretary for the Department of Corrections

492 F.3d 1273, 20 Fla. L. Weekly Fed. C 873

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 2007 | Docket: 398944

Cited 21 times | Published

required of an indictment or information." Fla. Stat. § 90.404(2)(c). The written notice listed the women assaulted

Washington v. State

737 So. 2d 1208, 1999 WL 534733

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1709666

Cited 21 times | Published

murdered was not harmless error). According to section 90.404(2)(a), Florida Statutes (1997), which codified

Washington v. State

737 So. 2d 1208, 1999 WL 534733

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1709666

Cited 21 times | Published

murdered was not harmless error). According to section 90.404(2)(a), Florida Statutes (1997), which codified

Caruso v. State

645 So. 2d 389, 1994 WL 540716

Supreme Court of Florida | Filed: Oct 6, 1994 | Docket: 1223255

Cited 21 times | Published

violated its notice obligation as set forth in section 90.404(2)(b), Florida Statutes (1987), with respect

Audano v. State

641 So. 2d 1356, 1994 WL 440449

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 1648624

Cited 21 times | Published

Audano that the state sought to introduce under section 90.404(1)(a), Florida Statutes (1993), the Williams

Harmon v. State

527 So. 2d 182, 1988 WL 50189

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 529426

Cited 21 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959) and section 90.404(2), Florida Statutes (1985). "The Williams

Huhn v. State

511 So. 2d 583

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 1700760

Cited 21 times | Published

crime information that was inadmissible under section 90.404(2)(a), Florida Statutes. This court disagreed

Tumulty v. State

489 So. 2d 150, 11 Fla. L. Weekly 1211

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 1528806

Cited 21 times | Published

was not relevant and thus inadmissible under section 90.404(2)(a), Florida Statutes (1983). The state's

Coleman v. State

485 So. 2d 1342, 11 Fla. L. Weekly 723

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 1276445

Cited 21 times | Published

character; consequently the use thereof is barred by Section 90.404, Florida Statutes. We cannot agree. We agree

Von Carter v. State

468 So. 2d 276, 10 Fla. L. Weekly 664

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 1401736

Cited 21 times | Published

in issue it may not be attacked by the state. § 90.404(1)(a), Fla. Stat. In Briggs v. State, 455 So.2d

Gatto v. Publix Supermarket, Inc.

387 So. 2d 377

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 1649430

Cited 21 times | Published

evidence is not, per se, inadmissible, see, e.g., Section 90.404, Florida Statutes (1977), and we therefore

Hendricks v. State

34 So. 3d 819, 2010 Fla. App. LEXIS 7330, 2010 WL 2077164

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1131165

Cited 20 times | Published

morality was error because it was admissible under section 90.404(1)(a) and 90.405, Florida Statutes (2008).

Dupree v. State

615 So. 2d 713, 1993 WL 2968

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1185310

Cited 20 times | Published

pursuant to the provisions of Section 90.404, Florida Statutes (1987). Section 90.404 provides, in pertinent

Snowden v. State

537 So. 2d 1383, 1989 WL 4191

District Court of Appeal of Florida | Filed: Jan 24, 1989 | Docket: 2036344

Cited 20 times | Published

solely to prove bad character or propensity." § 90.404(2)(a), Fla. Stat. (1987). B. A year after Williams

Dragovich v. State

492 So. 2d 350, 11 Fla. L. Weekly 236

Supreme Court of Florida | Filed: May 29, 1986 | Docket: 478424

Cited 20 times | Published

propensity for criminal conduct is inadmissible. § 90.404(2)(a), Fla. Stat. (1983). We have long recognized

Erp v. Carroll

438 So. 2d 31

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1731785

Cited 20 times | Published

Wigmore, Evidence § 877 (Chadbourn Rev. 1970); § 90.404(1)(a), Fla. Stat., (1981); Hodges v. State, 403

DeFreitas v. State

701 So. 2d 593, 1997 WL 655869

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1421291

Cited 19 times | Published

character or propensity to commit a crime. See § 90.404, Fla. Stat. (1995); Czubak v. State, 570 So.2d

Barton v. State

704 So. 2d 569, 1997 WL 422523

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 1355104

Cited 19 times | Published

a collateral offense against another child. Section 90.404(2), Florida Statutes, provides that collateral

Damren v. State

696 So. 2d 709, 1997 WL 228418

Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1696223

Cited 19 times | Published

Although a limiting instruction is required under section 90.404(2), Florida Statutes (1993), for "similar fact"

Chris Jameson, 869204 v. Louie L. Wainwright, Secretary, Dept. Of Offender Rehabilitation

719 F.2d 1125, 1983 U.S. App. LEXIS 15200

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 1983 | Docket: 928129

Cited 19 times | Published

in Sutton’s murder. Under Florida Statute § 90.404(2), evidence of other crimes, wrongs, or acts

McElveen v. State

415 So. 2d 746

District Court of Appeal of Florida | Filed: May 18, 1982 | Docket: 1512917

Cited 19 times | Published

Code has not changed the law in this respect. Section 90.404(1)(b)(1) provides: (1) Character evidence generally

Patrick v. State

104 So. 3d 1046, 2012 Fla. LEXIS 2546, 2012 WL 6049585

Supreme Court of Florida | Filed: Dec 6, 2012 | Docket: 60227290

Cited 18 times | Published

defendant’s guilt, it is error to deny its admission. § 90.404(2)(a), Fla. Stat. (1985). However, the admissibility

Simpson v. State

3 So. 3d 1135, 34 Fla. L. Weekly Supp. 199, 2009 Fla. LEXIS 236, 2009 WL 330946

Supreme Court of Florida | Filed: Feb 12, 2009 | Docket: 1652728

Cited 18 times | Published

110 So.2d 654 (Fla.1959), and is codified at section 90.404(2), Florida Statutes (2005). This rule allows

Peterson v. State

2 So. 3d 146, 34 Fla. L. Weekly Supp. 74, 2009 Fla. LEXIS 141, 2009 WL 196263

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 75

Cited 18 times | Published

at 663. The rule has since been codified in section 90.404(2)(a), Florida Statutes (2005), which provides:

Peterson v. State

2 So. 3d 146, 34 Fla. L. Weekly Supp. 74, 2009 Fla. LEXIS 141, 2009 WL 196263

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 75

Cited 18 times | Published

at 663. The rule has since been codified in section 90.404(2)(a), Florida Statutes (2005), which provides:

Lazarowicz v. State

561 So. 2d 392, 1990 WL 58256

District Court of Appeal of Florida | Filed: May 8, 1990 | Docket: 1480880

Cited 18 times | Published

his bad character and propensity, contrary to section 90.404, Florida Statutes (1987), which codified the

Moreno v. State

418 So. 2d 1223

District Court of Appeal of Florida | Filed: Sep 7, 1982 | Docket: 1289286

Cited 18 times | Published

The ruling was based on a misapplication of Section 90.404(2), Florida Statutes (1979) which codifies

Lawrence v. State

614 So. 2d 1092, 1993 WL 64603

Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 449281

Cited 17 times | Published

witnesses mentioned Lawrence's drug use. [6] § 90.404(2)(b)(2), Fla. Stat. (1989), n. 2 supra. [7]

Duckett v. State

918 So. 2d 224, 2005 WL 2455820

Supreme Court of Florida | Filed: Oct 6, 2005 | Docket: 1715212

Cited 16 times | Published

state. [14] The Williams rule, codified as section 90.404, Florida Statutes (2002), "provides that similar

Shapiro v. State

696 So. 2d 1321, 1997 WL 408318

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 355840

Cited 16 times | Published

court's admission of the prior act testimony. Section 90.404(2)(a), Florida Statutes (1991), provides: Similar

Trepal v. State

621 So. 2d 1361, 1993 WL 194552

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 1677808

Cited 16 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); see also § 90.404(2), Fla. Stat. (1987). [12] Even if this issue

Henry v. State

574 So. 2d 73, 1991 WL 1362

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1436736

Cited 16 times | Published

(1959). [3] The Williams rule is codified in section 90.404(2)(a), Florida Statutes (1985): Similar fact

Coleman v. State

484 So. 2d 624, 11 Fla. L. Weekly 550

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 1343893

Cited 16 times | Published

other criminal offenses, arguing that under section 90.404(2), Florida Statutes (1983), and Williams v

Holland v. State

916 So. 2d 750, 2005 WL 3005543

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 2518538

Cited 15 times | Published

in conformity with it on a particular occasion. § 90.404(1), Fla. Stat. (2004). However, when a claim of

Simmons v. State

790 So. 2d 1177, 2001 WL 811042

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1734296

Cited 15 times | Published

Accordingly, this evidence was admissible under section 90.404(2)(a), Florida Statutes (1997). See King v

State v. McFadden

772 So. 2d 1209, 2000 WL 1675950

Supreme Court of Florida | Filed: Nov 9, 2000 | Docket: 1435119

Cited 15 times | Published

654 (Fla.1959), and its progeny. See generally § 90.404(2)(a), Fla. Stat. (1997) ("Similar fact evidence

Geldreich v. State

763 So. 2d 1114, 1999 WL 1243866

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1681786

Cited 15 times | Published

657 So.2d 1227, 1229 (Fla. 4th DCA 1995). Section 90.404(2)(a), Florida Statutes (1997) provides: Similar

Miller v. State

667 So. 2d 325, 1995 WL 619215

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 160646

Cited 15 times | Published

conduct is reversed. 2. Similar fact evidence Section 90.404(2)(a), Florida Statutes (1993), states, (2)

Turtle v. State

600 So. 2d 1214, 1992 WL 123322

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 539573

Cited 15 times | Published

admissibility of similar fact evidence is governed by section 90.404(2)(a), Florida Statutes, which states: (a)

Metropolitan Dade County v. Zapata

601 So. 2d 239, 1992 Fla. App. LEXIS 5514, 1992 WL 109621

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 1305366

Cited 15 times | Published

drill were inadmissable as similar fact evidence, § 90.404(2)(a), Fla. Stat. (1991), because although the

King v. State

545 So. 2d 375, 1989 WL 55959

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1344843

Cited 15 times | Published

prove bad character or propensity for misconduct. § 90.404(2)(a), Fla. Stat. (1985); Williams v. State, 110

Garrette v. State

501 So. 2d 1376, 12 Fla. L. Weekly 470

District Court of Appeal of Florida | Filed: Feb 10, 1987 | Docket: 538374

Cited 15 times | Published

preserved for review. The Florida Evidence Code (at § 90.404(2)(a), Fla. Stat.) codifies the ruling in Williams

Dickey v. State

458 So. 2d 1156

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1733242

Cited 15 times | Published

court held the testimony admissible based on Section 90.404(2)(b), Florida Statutes (1983), which obviates

Dickey v. State

458 So. 2d 1156

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1733242

Cited 15 times | Published

court held the testimony admissible based on Section 90.404(2)(b), Florida Statutes (1983), which obviates

Pantoja v. State

59 So. 3d 1092, 36 Fla. L. Weekly Supp. 91, 2011 Fla. LEXIS 519, 2011 WL 722374

Supreme Court of Florida | Filed: Mar 3, 2011 | Docket: 60299563

Cited 14 times | Published

608(2) to show the witness is biased or under section 90.404(2)(a). I also agree with the First District

McGirth v. State

48 So. 3d 777, 35 Fla. L. Weekly Supp. 651, 2010 Fla. LEXIS 1935, 2010 WL 4483506

Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 2396375

Cited 14 times | Published

rule evidence subject to the requirements of section 90.404(2), Florida Statutes (2006). We hold that the

Morman v. State

811 So. 2d 714, 2002 WL 235673

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 1724481

Cited 14 times | Published

offenses." Heuring, 513 So.2d at 124. Generally, section 90.404(2)(a), Florida Statutes (1997), requires that

Kimbrough v. State

700 So. 2d 634, 1997 WL 476100

Supreme Court of Florida | Filed: Aug 21, 1997 | Docket: 1373843

Cited 14 times | Published

See Williams v. State, 110 So.2d 654 (Fla.1959); § 90.404, Fla. Stat. (1991). The State points to this Court's

Nordelo v. State

603 So. 2d 36, 1992 WL 167621

District Court of Appeal of Florida | Filed: Jul 21, 1992 | Docket: 1475686

Cited 14 times | Published

Minick v. State, 560 So.2d 386 (Fla. 3d DCA 1990); § 90.404(2)(a), Fla. Stat. (1989). "Relevant evidence is

Thompson v. State

494 So. 2d 203, 11 Fla. L. Weekly 485

Supreme Court of Florida | Filed: Sep 18, 1986 | Docket: 452304

Cited 14 times | Published

in Williams and the Florida Evidence Code, section 90.404(2)(a), Florida Statutes (1983). We disagree

Wright v. State

473 So. 2d 1277, 10 Fla. L. Weekly 364

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 2053046

Cited 14 times | Published

1972). The Williams holding is codified by section 90.404(2)(a), Florida Statutes (1983), and incorporated

Brooks v. State

456 So. 2d 1305

District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 1447033

Cited 14 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959), and Section 90.404(2)(a), Florida Statutes (1981). The judgment

Peterka v. State

890 So. 2d 219

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 2518525

Cited 13 times | Published

evidence is governed by section 90.404, Florida Statutes (2003). Section 90.404(1)(b)(2) provides that

Randall v. State

760 So. 2d 892, 2000 WL 422865

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1695293

Cited 13 times | Published

crimes, wrongs, or acts pursuant to Williams. See § 90.404(2), Fla. Stat. (1995).[5] After an extensive hearing

Huff v. State

437 So. 2d 1087

Supreme Court of Florida | Filed: Sep 1, 1983 | Docket: 1675091

Cited 13 times | Published

pertinent trait of his character, as required by section 90.404(1)(a), Florida Statutes (1979), but was instead

Chapman v. State

417 So. 2d 1028

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 364570

Cited 13 times | Published

now codified in the Florida Evidence Code as Section 90.404(2), Florida Statutes (1979), and provides in

Gosciminski v. State

132 So. 3d 678, 38 Fla. L. Weekly Supp. 638, 2013 WL 5313183, 2013 Fla. LEXIS 1988

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60238539

Cited 12 times | Published

2000)). The requirements and limitations of section 90.404, Florida Statutes (2009), govern similar fact

Sliney v. State

944 So. 2d 270, 2006 WL 3228813

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649422

Cited 12 times | Published

falls within the Williams rule. The heading of section 90.404(2) is "OTHER CRIMES, WRONGS, OR ACTS." Thus

Sliney v. State

944 So. 2d 270, 2006 WL 3228813

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649422

Cited 12 times | Published

falls within the Williams rule. The heading of section 90.404(2) is "OTHER CRIMES, WRONGS, OR ACTS." Thus

Bowen v. State

791 So. 2d 44, 2001 WL 630488

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 22976

Cited 12 times | Published

aid him in avoiding arrest or prosecution. See § 90.404(2)(a), Fla. Stat. (1997). Nevertheless, on remand

State v. Cohens

701 So. 2d 362, 1997 WL 656172

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1736669

Cited 12 times | Published

either Williams[2] Rule evidence pursuant to section 90.404(2), Florida Statutes (1995), or as inextricably

Council v. State

691 So. 2d 1192, 1997 WL 194471

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1422955

Cited 12 times | Published

L.Ed.2d 200 (1989). The Florida Evidence Code, § 90.404(2)(a), provides that evidence of other crimes

Pausch v. State

596 So. 2d 1216, 1992 WL 72030

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1707341

Cited 12 times | Published

Erwin's and the medical examiner's testimony. § 90.404(2)(a), Fla. Stat. (1987). Finally, we merely comment

Maharaj v. State

597 So. 2d 786, 1992 WL 56464

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2518191

Cited 12 times | Published

Maharaj's motivation in harming Derrick Moo Young. Section 90.404(2)(a), Fla. Stat. (1987); Craig v. State, 510

It v. State, Dept. of Health & Rehab. Serv.

532 So. 2d 1085, 1988 WL 84049

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 450681

Cited 12 times | Published

solely to prove bad character or propensity." § 90.404(2)(a), Fla. Stat. (1985). The testimony could

Quintana v. State

452 So. 2d 98

District Court of Appeal of Florida | Filed: May 31, 1984 | Docket: 160355

Cited 12 times | Published

579, 580-581 (Fla. 4th DCA 1982). See also Section 90.404, Florida Statutes (1979). But, a prerequisite

Sanchez v. State

445 So. 2d 1

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 1287633

Cited 12 times | Published

v. State, 314 So.2d 167 (Fla. 3d DCA 1975); section 90.404(1)(b)1, Florida Statutes (1981). Where a proper

Wilding v. State

427 So. 2d 1069

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 1151345

Cited 12 times | Published

Whitehead v. State, 279 So.2d 99 (Fla. 2d DCA 1973); § 90.404(2)(a), Fla. *1070 Stat. (1981). Additionally,

Potts v. State

427 So. 2d 822

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1151786

Cited 12 times | Published

sister and the defendant's two younger sisters. § 90.404(2)(b)1, Fla. Stat. (1981); Williams v. State,

Gibbs v. State

394 So. 2d 231

District Court of Appeal of Florida | Filed: Feb 27, 1981 | Docket: 1692210

Cited 12 times | Published

mere propensity. Compare Florida Evidence Code, § 90.404(2) Florida Statutes (1979), "Other Crimes, Wrongs

Wilcox v. State

143 So. 3d 359, 39 Fla. L. Weekly Supp. 309, 2014 WL 1809636, 2014 Fla. LEXIS 1557

Supreme Court of Florida | Filed: May 8, 2014 | Docket: 60242309

Cited 11 times | Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes.” However, the rule does

Childers v. State

936 So. 2d 585, 2006 WL 2620262

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021

Cited 11 times | Published

"bad character" or "propensity," prohibited by Section 90.404, Florida Statutes. Similarly here, as noted

Stav v. State

860 So. 2d 478, 2003 WL 22657871

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 83103

Cited 11 times | Published

codified by the legislature in Florida Statutes section 90.404(2)(a): Similar fact evidence of other crimes

McLean v. State

854 So. 2d 796, 2003 WL 22056269

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459831

Cited 11 times | Published

for lewd molestation. We affirm, holding that section 90.404(2)(b), Florida Statutes (2001), which expands

Grace v. State

832 So. 2d 224, 2002 WL 31696745

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 335613

Cited 11 times | Published

character is inadmissible. See § 90.404(1), Fla. Stat. (2000). Section 90.404(1)(b) provides for an exception

In Re Amendments to Fla. Evidence Code

825 So. 2d 339, 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290

Supreme Court of Florida | Filed: Jul 11, 2002 | Docket: 1312117

Cited 11 times | Published

2001-221, section 1, Laws of Florida, which amends section 90.404(2), Florida Statutes (Character evidence, when

Jacobs v. Westgate

766 So. 2d 1175, 2000 WL 1283505

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1330210

Cited 11 times | Published

conformity with it on a particular occasion." § 90.404(1), Fla. Stat. (1997). Similarly, proof of other

Burgal v. State

740 So. 2d 82, 1999 WL 492598

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456939

Cited 11 times | Published

to prove motive, intent, and premeditation. See § 90.404(2), Fla. Stat. (1997); Brown v. State, 611 So

John S. Freund v. Robert A. Butterworth, Attorney General

117 F.3d 1543, 1997 U.S. App. LEXIS 17918, 1997 WL 397181

Court of Appeals for the Eleventh Circuit | Filed: Jul 16, 1997 | Docket: 418899

Cited 11 times | Published

or character, see Fla. Evid.Code § 90.404(2), does not alter our analysis. First, such evidence

Thomas v. State

599 So. 2d 158, 17 Fla. L. Weekly Fed. D 1123

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1483403

Cited 11 times | Published

relevant to prove any material fact in issue. § 90.404(2)(a), Fla. Stat. (1987). In view of this disposition

Espinosa v. State

589 So. 2d 887, 1991 WL 253354

Supreme Court of Florida | Filed: Jul 11, 1991 | Docket: 1441207

Cited 11 times | Published

violent history is clearly inadmissible under section 90.404, Florida Statutes (1987). If Espinosa's intention

State v. Ramos

579 So. 2d 360, 1991 WL 76505

District Court of Appeal of Florida | Filed: May 15, 1991 | Docket: 1728725

Cited 11 times | Published

with a single conspiracy on a single occasion. Section 90.404(2)(a) provides: (a) Similar fact evidence of

Delgado v. State

573 So. 2d 83, 1990 WL 212843

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 479006

Cited 11 times | Published

should have been excluded as irrelevant. We agree. § 90.404(2)(a), Fla. Stat. (1987).[1] The state filed no

Ellis v. State

475 So. 2d 1021, 10 Fla. L. Weekly 2258

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 1301873

Cited 11 times | Published

defendant, in violation of the Williams Rule, section 90.404(2)(a), Florida Statutes (1983), concerning

Parks v. Zitnik

453 So. 2d 434

District Court of Appeal of Florida | Filed: Jun 29, 1984 | Docket: 1163396

Cited 11 times | Published

line of questioning also is inadmissible under section 90.404(2)(a), Florida Statutes (1981). Appellee failed

Joseph v. State

447 So. 2d 243

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1691159

Cited 11 times | Published

female, I.G., on September 5, 1980. Pursuant to Section 90.404(2)(b)1, Florida Statutes (1979), the State

Kopsho v. State

84 So. 3d 204, 37 Fla. L. Weekly Supp. 149, 2012 WL 652790, 2012 Fla. LEXIS 454

Supreme Court of Florida | Filed: Mar 1, 2012 | Docket: 60306683

Cited 10 times | Published

at 659-60 (emphasis omitted). As codified in section 90.404(2), Florida Statutes (2009), “[sjimilar fact

Ballard v. State

66 So. 3d 912, 36 Fla. L. Weekly Supp. 314, 2011 Fla. LEXIS 1521, 2011 WL 2566348

Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 379116

Cited 10 times | Published

of relevancy. Id. at 659-60. As codified in section 90.404(2), Florida Statutes (2006), “[similar fact

Grier v. State

27 So. 3d 97, 2009 Fla. App. LEXIS 20021, 2009 WL 4927889

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1203647

Cited 10 times | Published

admitted the collateral crimes evidence under section 90.404(2)(a), Florida Statutes, permitting admission

Thigpen v. United Parcel Services, Inc.

990 So. 2d 639, 2008 Fla. App. LEXIS 13824, 2008 WL 4146663

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1687449

Cited 10 times | Published

character or propensity evidence. We agree. Under section 90.404(1), Florida Statutes, evidence of a person's

Triplett v. State

947 So. 2d 702, 2007 WL 419360

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1720359

Cited 10 times | Published

propensity of the defendant to commit a crime. See § 90.404(2)(a), Fla. Stat. (2004). If the evidence of a

Fitzsimmons v. State

935 So. 2d 125, 2006 WL 2347731

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1671134

Cited 10 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2003). Because of the strict

Houston v. State

852 So. 2d 425, 2003 WL 21990412

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1711005

Cited 10 times | Published

fact in issue is admissible in accordance with section 90.404(2), Florida Statutes (2002), generally referred

Kulling v. State

827 So. 2d 311, 2002 WL 2030348

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1367561

Cited 10 times | Published

in original.) Williams has been codified in section 90.404(2)(a), Florida Statutes (2000), which provides

Midtown Enterprises, Inc. v. Local Contractors, Inc.

785 So. 2d 578, 2001 Fla. App. LEXIS 4747, 2001 WL 356946

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 450187

Cited 10 times | Published

was more likely to cheat in its performance. Section 90.404(1), Florida Statutes (1999), states that "[e]vidence

Duffey v. State

741 So. 2d 1192, 1999 WL 743600

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 453052

Cited 10 times | Published

crime was wrongfully admitted at trial under section 90.404(2), Florida Statutes (1997). The case began

Livingston v. State

678 So. 2d 895, 1996 WL 471155

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1737015

Cited 10 times | Published

defendant argues that its admission violated section 90.404(2), Florida Statutes (1995). Setting aside

Lawson v. State

651 So. 2d 713, 1995 WL 49559

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 1518230

Cited 10 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404, Fla. Stat. (1989). The testimony about the alleged

Williams v. State

619 So. 2d 487, 1993 WL 196334

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1381684

Cited 10 times | Published

evidence of a collateral crime pursuant to section 90.404(2), Florida Statutes (1991), both testimony

Howard v. State

616 So. 2d 484, 1993 WL 55632

District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 1369387

Cited 10 times | Published

inadmissible as well under the provisions of Section 90.404(1), Florida Statutes (1989), which precludes

State v. Smith

586 So. 2d 1237, 1991 WL 183844

District Court of Appeal of Florida | Filed: Sep 20, 1991 | Docket: 1742353

Cited 10 times | Published

order preventing "other crimes" evidence under section 90.404(2)(b)(1), Florida Statutes). Accordingly, all

Woodfin v. State

553 So. 2d 1355, 1989 WL 154855

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1259428

Cited 10 times | Published

by the defendant are admissible pursuant to section 90.404(2)(a). Such evidence is admissible to prove

Smith v. State

538 So. 2d 66, 1989 WL 5674

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 1517128

Cited 10 times | Published

test is met, to show a pattern of conduct. Section 90.404(2), Fla. Stat. (1987); Gibbs v. State, 394

Francis v. State

512 So. 2d 280, 12 Fla. L. Weekly 2140

District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 1517304

Cited 10 times | Published

accused, or by the prosecution to rebut the trait. § 90.404(1)(a), Fla. Stat. (1983). We disagree with the

Beasley v. State

503 So. 2d 1347, 12 Fla. L. Weekly 751

District Court of Appeal of Florida | Filed: Mar 12, 1987 | Docket: 1452460

Cited 10 times | Published

same room eighty-five percent of the time. Section 90.404(2), Florida Statutes (1985), provides: (a)

Botte v. Pomeroy

497 So. 2d 1275, 11 Fla. L. Weekly 2363

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1242857

Cited 10 times | Published

evidence for impeachment of credibility. Also, section 90.404 states a general prohibition against using

Wilson v. State

490 So. 2d 1062, 11 Fla. L. Weekly 1487

District Court of Appeal of Florida | Filed: Jul 3, 1986 | Docket: 478532

Cited 10 times | Published

officer. The Williams rule has been codified in section 90.404, Florida Statutes (1985), which provides, in

Toledo v. State

452 So. 2d 661

District Court of Appeal of Florida | Filed: Jul 17, 1984 | Docket: 1517662

Cited 10 times | Published

character of the victim is ordinarily irrelevant, see § 90.404, Fla. Stat. (1983), and does not purport to define

Hodges v. State

403 So. 2d 1375

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1672632

Cited 10 times | Published

rule" or "Williams rule,"[1] is now codified in section 90.404(2)(a), Florida Statutes (1979): Similar fact

Cooper v. State

45 So. 3d 490, 2010 Fla. App. LEXIS 13387, 2010 WL 3488706

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 2399151

Cited 9 times | Published

State, 110 So.2d 654, 658-63 (Fla. 1959); see also § 90.404(2), Fla. Stat. (2008); Simpson v. State, 3 So

State v. Williams

992 So. 2d 330, 2008 WL 4412283

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1392362

Cited 9 times | Published

fired from the same weapon.[6] Pursuant to section 90.404(2), Florida Statutes (2005), the State filed

Denmark v. State

927 So. 2d 1079, 2006 WL 1328832

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765360

Cited 9 times | Published

solely to prove bad character or propensity. See § 90.404(2)(a), Fla. Stat. (2003). The evidence upon which

State v. Storer

920 So. 2d 754, 2006 WL 305432

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 94771

Cited 9 times | Published

notice the State is required to file under section 90.404(2)(c)(1), Florida Statutes (2003). The State

Irizarry v. State

905 So. 2d 160, 2005 WL 293082

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1711848

Cited 9 times | Published

disagree. Pursuant to Williams, as codified in section 90.404(2)(a), Florida Statutes (2001), "[s]imilar

Eliakim v. State

884 So. 2d 57, 2004 WL 432488

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197

Cited 9 times | Published

precluded by a specific rule of exclusion. Section 90.404, Florida Statutes, is the evidentiary rule

Sims v. State

839 So. 2d 807, 2003 WL 728949

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1708016

Cited 9 times | Published

not given notice of "similar fact" evidence. See § 90.404(2)(c)1, Fla. Stat. (2000).[1] At a hearing on

Cadet v. State

809 So. 2d 43, 2002 WL 180882

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1385384

Cited 9 times | Published

solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2000).

Jones v. State

728 So. 2d 788, 1999 WL 89933

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 514131

Cited 9 times | Published

out-of-court statements; and a notice, pursuant to section 90.404(2)(b) of the Florida Evidence Code, stating

Johnson v. State

717 So. 2d 1057, 1998 WL 476269

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 1681408

Cited 9 times | Published

purpose is not to prove propensity or bad character. § 90.404(2)(a), Fla. Stat. (1995). The collateral crime

Bobb v. State

647 So. 2d 881, 1994 WL 617038

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 437514

Cited 9 times | Published

GUNTHER and STEVENSON, JJ., concur. NOTES [1] Section 90.404 replaced the remaining part of section 90.08

Allred v. State

642 So. 2d 650, 1994 WL 502577

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 549624

Cited 9 times | Published

by testifying that he had never hit any woman. § 90.404(2)(b), Fla. Stat. Allred attacks the restitution

Gray v. State

640 So. 2d 186, 1994 WL 393528

District Court of Appeal of Florida | Filed: Aug 1, 1994 | Docket: 1718920

Cited 9 times | Published

similar fact evidence of D.R. and R.P. based on section 90.404(2), Florida Statutes, which provides: Similar

Squires v. Dugger

794 F. Supp. 1568, 1992 U.S. Dist. LEXIS 7430, 1992 WL 114890

District Court, M.D. Florida | Filed: May 26, 1992 | Docket: 959378

Cited 9 times | Published

U.S. 847 [80 S.Ct. 102, 4 L.Ed.2d 86] (1959); § 90.404(2)(a), Fla.Stat. (1981). We cannot agree. The

Travers v. State

578 So. 2d 793, 1991 WL 60030

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 1525353

Cited 9 times | Published

permissible uses of Williams Rule evidence listed in section 90.404(2)(a), Florida Statutes (1987), that list is

Newberry Square Dev. Corp. v. Southern Landmark, Inc.

578 So. 2d 750, 1991 WL 47455

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1525225

Cited 9 times | Published

knowledge, and intent and thus admissible under section 90.404(2)(a), Florida Statutes, as it reflected the

Dupont v. State

556 So. 2d 457, 1990 WL 6568

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528368

Cited 9 times | Published

inadmissible unless offered by the defendant. § 90.404(1)(a), Fla. Stat. (1987). From our review of the

Anderson v. State

549 So. 2d 807, 1989 WL 118976

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373904

Cited 9 times | Published

Evidence Code, 10 Fla.St.U.L.Rev. 235 (1982). Section 90.404, Florida Statutes, directly excludes evidence

Burr v. State

550 So. 2d 444, 1989 WL 101541

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 1370901

Cited 9 times | Published

issue other than bad character or propensity. § 90.404(2)(a), Fla. Stat. (1981). Therefore, it is not

Lusk v. State

531 So. 2d 1377, 1988 WL 99738

District Court of Appeal of Florida | Filed: Sep 30, 1988 | Docket: 544137

Cited 9 times | Published

necessary to defend against Pancoast's actions. See § 90.404, Fla. Stat. (1985); Burk v. State, 497 So.2d 731

Distefano v. State

526 So. 2d 110

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 1272533

Cited 9 times | Published

notice requirement here is similar to that under section 90.404(2)(b) relating to similar fact evidence. That

Beasley v. State

518 So. 2d 917, 1988 WL 4365

Supreme Court of Florida | Filed: Jan 21, 1988 | Docket: 1778591

Cited 9 times | Published

victim's sister was therefore inadmissible under section 90.404(2)(a), Florida Statutes (1985), and Williams

Lee v. State

508 So. 2d 1300, 12 Fla. L. Weekly 1498

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 1648867

Cited 9 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959), or section 90.404(2), Florida Statutes (1985), and that the admission

Austin v. State

500 So. 2d 262, 12 Fla. L. Weekly 106

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 1689595

Cited 9 times | Published

bad character or propensity of an individual. Section 90.404(2)(a), Florida Statutes (1983), which expresses

Bricker v. State

462 So. 2d 556, 10 Fla. L. Weekly 203

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510025

Cited 9 times | Published

scheme by which Bricker received the bribes. Section 90.404(2)(a), Florida Statutes (1981), provides that:

Goldstein v. State

447 So. 2d 903

District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1311845

Cited 9 times | Published

dead." The Williams rule is now codified in section 90.404(2)(a), Florida Statutes (1981): "[s]imilar

State v. Maisto

427 So. 2d 1120

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1739704

Cited 9 times | Published

fact evidence of other acts as is permitted by Section 90.404(2)(a), *1121 Florida Statutes (1981)[2], in

Green v. State

427 So. 2d 1036

District Court of Appeal of Florida | Filed: Mar 1, 1983 | Docket: 1151295

Cited 9 times | Published

Jossi. The "similar crimes" rule of evidence is Section 90.404(2)(a), Florida Statutes (1981) which provides:

Pino v. Koelber

389 So. 2d 1191

District Court of Appeal of Florida | Filed: Oct 10, 1980 | Docket: 1282167

Cited 9 times | Published

because his character is not an issue in the case. § 90.404(1), Fla. Stat. (1979).

Mendez v. State

961 So. 2d 1088, 32 Fla. L. Weekly Fed. D 1793

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 468659

Cited 8 times | Published

Our disposition of this case is governed by section 90.404(2)(b), Florida Statutes (2006), and our supreme

Billie v. State

863 So. 2d 323, 2003 WL 21749078

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1432231

Cited 8 times | Published

disregard of the Williams Rule criteria and Section 90.404(2), Florida Statutes, the trial court permitted

Dickinson v. Gonzalez

839 So. 2d 709, 2003 WL 25872293

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1296535

Cited 8 times | Published

be admissible as similar acts evidence under section 90.404, Florida Statutes. The evidence was in effect

LaMarr v. Lang

796 So. 2d 1208, 2001 WL 1175340

District Court of Appeal of Florida | Filed: Oct 5, 2001 | Docket: 1249945

Cited 8 times | Published

propensity for violence. This was improper. See § 90.404.2(a) Fla. Stat. (2000); Parks v. Zitnik, 453 So

Foburg v. State

744 So. 2d 1175, 1999 WL 992726

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721499

Cited 8 times | Published

convictions and remand this cause for a new trial. Section 90.404(2)(a), Florida Statutes (1995), sets forth

Evans v. State

693 So. 2d 1096, 1997 WL 268230

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1456734

Cited 8 times | Published

charged offenses to satisfy the requirements of § 90.404(2)(a), Florida Statutes, referred to here as the

Hedges v. State

667 So. 2d 420, 1996 WL 16572

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 160363

Cited 8 times | Published

or by the prosecution to rebut the trait. .. . § 90.404, Fla. Stat. (1993). This exception permits an

Layman v. State

652 So. 2d 373, 1995 WL 121612

Supreme Court of Florida | Filed: Mar 23, 1995 | Docket: 1518047

Cited 8 times | Published

Although a limiting instruction is required under section 90.404(2), Florida Statutes (1991), for "similar fact

Ivey v. State

586 So. 2d 1230, 1991 WL 185196

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 1742475

Cited 8 times | Published

evidence prohibited by the Florida Evidence Code, section 90.404(2), Florida Statutes (1989), but affirm as

Sampson v. State

541 So. 2d 733, 1989 WL 34577

District Court of Appeal of Florida | Filed: Apr 7, 1989 | Docket: 1516493

Cited 8 times | Published

stepdaughter was properly admitted pursuant to section 90.404(2)(a), Florida Statutes. Such evidence has

State v. Everette

532 So. 2d 1124, 1988 WL 110855

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 1510283

Cited 8 times | Published

rely on "other crimes" evidence, pursuant to Section 90.404(2)(b)(1), Fla. Stat. (1979). An information

Woodson v. State

483 So. 2d 858, 11 Fla. L. Weekly 521

District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 455939

Cited 8 times | Published

reputation in the community was not admissible under section 90.404 of the Evidence Code because the officer was

Rivers v. State

425 So. 2d 101

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1182014

Cited 8 times | Published

presented to the jury. The Florida Evidence Code, Section 90.404(2)(b)2., provides that when evidence of other

Wrobel v. State

410 So. 2d 950

District Court of Appeal of Florida | Filed: Feb 17, 1982 | Docket: 477768

Cited 8 times | Published

his good character. This argument is based on section 90.404(1)(a), Florida Statutes (1979): Character evidence;

Rodney Tyrone Lowe v. State of Florida

259 So. 3d 23

Supreme Court of Florida | Filed: Oct 19, 2018 | Docket: 8065908

Cited 7 times | Published

prove Sailor's bad character or propensity. See § 90.404(1), (2)(a), Fla. Stat. (2017). We also note

Knight v. State

76 So. 3d 879, 36 Fla. L. Weekly Supp. 537, 2011 Fla. LEXIS 2288, 2011 WL 4467599

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 60304596

Cited 7 times | Published

on other *886grounds, 210 So.2d 4 (Fla.1968), § 90.404(l)(a), Fla. Stat. (2006). In the instant case

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Fike v. State

4 So. 3d 734, 2009 Fla. App. LEXIS 3518, 2009 WL 485061

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1217055

Cited 7 times | Published

947 So.2d 1270, 1271 (Fla. 5th DCA 2007). Section 90.404, Florida Statutes (2007), Florida's codification

Berube v. State

5 So. 3d 734, 2009 Fla. App. LEXIS 1502, 2009 WL 454602

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1663241

Cited 7 times | Published

relevant." B. Analysis of the Williams Rule Issue Section 90.404(2)(a), Florida Statutes (2002), which codifies

Donton v. State

1 So. 3d 1092, 2009 Fla. App. LEXIS 80, 2009 WL 36445

District Court of Appeal of Florida | Filed: Jan 8, 2009 | Docket: 1653439

Cited 7 times | Published

so-called Williams Rule collateral-crime evidence. See § 90.404(2)(a), Fla. Stat. (2005); Williams v. State, 110

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

these officers behaving in certain ways. Under section 90.404(1)(b)1, Florida Statutes (2006), the aggressive

McCall v. State

941 So. 2d 1280, 2006 WL 3373036

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 431640

Cited 7 times | Published

when relevant to prove a material fact at issue. § 90.404(2)(a), Fla. Stat. (2005). Moreover, even relevant

Thomas v. State

885 So. 2d 968, 2004 WL 2452473

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1685289

Cited 7 times | Published

was either Williams[2] rule evidence under section 90.404(2), Florida Statutes (2003), or was inextricably

Huck v. State

881 So. 2d 1137, 2004 WL 1584336

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1466241

Cited 7 times | Published

If so, it is improper character evidence. See § 90.404(1), Fla. Stat. (2003). While certainly the admission

Corner v. State

868 So. 2d 553, 2004 WL 135995

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 1510595

Cited 7 times | Published

criminality. The Williams Rule is codified at § 90.404(2)(a), Fla. Stat. (2002). The broad rule of admissibility

State v. Richman

861 So. 2d 1195, 2003 WL 22899976

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1514112

Cited 7 times | Published

solely to prove bad character or propensity," § 90.404(2)(a), or if its "probative value is substantially

MCI Exp., Inc. v. Ford Motor Co.

832 So. 2d 795, 2002 WL 31159439

District Court of Appeal of Florida | Filed: Sep 30, 2002 | Docket: 1700041

Cited 7 times | Published

the insurance fraud conversation. See Fla. Stat. § 90.404(1) (2000). The jurors, however, heard the unedited

Acevedo v. State

787 So. 2d 127, 2001 WL 417335

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1496060

Cited 7 times | Published

The Williams Rule has been codified under section 90.404(2)(a), Florida Statutes (1999) which states:

Berrios v. State

781 So. 2d 455, 2001 WL 219326

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1292919

Cited 7 times | Published

606 So.2d 641, 642 (Fla. 1st DCA 1992); see also § 90.404(1)(b), Fla. Stat. (1999). The victim's character

Smith v. Hooligan's Pub & Oyster Bar, Ltd.

753 So. 2d 596, 2000 WL 159019

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1433537

Cited 7 times | Published

reversal. First, as the Smiths correctly contend, section 90.404(1), Florida Statutes (1997), provides that

Smith v. State

743 So. 2d 141, 1999 WL 817912

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 1243407

Cited 7 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959), and section 90.404(2)(a), Florida Statutes. Ehrhardt, Florida

Bush v. State

690 So. 2d 670, 1997 WL 131574

District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 437025

Cited 7 times | Published

introduce collateral crime evidence, as required by section 90.404(2)(b), Florida Statutes. The prosecutor countered

Quinn v. State

662 So. 2d 947, 1995 WL 412367

District Court of Appeal of Florida | Filed: Sep 29, 1995 | Docket: 1683403

Cited 7 times | Published

to the sufficiency of the notice required by section 90.404(2)(b)1 only in passing, and said merely that

Garcia v. State

659 So. 2d 388, 1995 WL 421258

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1747976

Cited 7 times | Published

S.Ct. 102, 4 L.Ed.2d 86 (1959) (codified in section 90.404(2), Florida Statutes (1991)).

Steward v. State

619 So. 2d 394, 1993 WL 179439

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 1381679

Cited 7 times | Published

traditional collateral crime rule as codified in section 90.404(2)(a), Florida Statutes (1991): *397 Similar

State v. Zenobia

614 So. 2d 1139, 1993 WL 36267

District Court of Appeal of Florida | Filed: Feb 11, 1993 | Docket: 532147

Cited 7 times | Published

trial judge's written order excluding this section 90.404(1)(a) evidence contains particularized findings

State v. Paille

601 So. 2d 1321, 1992 WL 157398

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1710895

Cited 7 times | Published

DCA), rev. den., 549 So.2d 1014 (Fla. 1989). Section 90.404, Florida Statutes (1985) provides that similar

Herbert v. State

526 So. 2d 709, 1988 WL 44382

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1679733

Cited 7 times | Published

admit evidence of the October 1985 incident. Section 90.404(2)(a) of the Florida Evidence Code provides:

Traylor v. State

498 So. 2d 1297, 11 Fla. L. Weekly 2400

District Court of Appeal of Florida | Filed: Nov 14, 1986 | Docket: 1699836

Cited 7 times | Published

prove a material fact in issue, such as intent. Section 90.404(2)(a), Florida Statutes (1983). While there

McKinney v. State

462 So. 2d 46, 10 Fla. L. Weekly 47

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1509984

Cited 7 times | Published

known as Williams' Rule evidence, pursuant to Section 90.404(2), Florida Statutes (1983). The subject incident

Strahorn v. State

436 So. 2d 447

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1340478

Cited 7 times | Published

trial, admission of which is controlled by section 90.404(2)(a). Florida Statutes (1981), and Williams

Hodge v. State

419 So. 2d 346

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1753996

Cited 7 times | Published

if relevant, to qualify for admission under section 90.404(2), Florida Statutes (1979), and Williams v

Easterly v. State

22 So. 3d 807, 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1639734

Cited 6 times | Published

662)). The Williams rule has been codified at section 90.404(2)(a), Florida Statutes (2007), which provides

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

CRIMES, WRONGS, OR ACTS EVIDENCE "WILLIAMS RULE" § 90.404(2)(a) Fla. Stat. To be given at the time the evidence

MacIas v. State

959 So. 2d 782, 2007 WL 1753816

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1525789

Cited 6 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2003); see also Williams v

Zerbe v. State

944 So. 2d 1189, 2006 WL 3733842

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1649808

Cited 6 times | Published

State then filed a "Notice Pursuant to Florida Statute 90.404(2)(a) and/or (b)." The State argued that

Henrion v. State

895 So. 2d 1213, 2005 WL 433147

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1255729

Cited 6 times | Published

1986)). The Williams rule has been codified in section 90.404(2), Florida Statutes (2001). When determining

Cartwright v. State

885 So. 2d 1010, 2004 WL 2453906

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1286843

Cited 6 times | Published

State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Section 90.404(2)(a), Florida Statutes (2003), which codifies

Mims v. State

872 So. 2d 453, 2004 WL 1102825

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1357308

Cited 6 times | Published

to introduce Mims' statement to the officer. Section 90.404(2)(a), Florida Statutes (2002), provides as

Gray v. State

873 So. 2d 374, 2004 WL 625632

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1732930

Cited 6 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2002); Kulling, 827 So.2d at

Luis v. State

851 So. 2d 773, 2003 WL 21536739

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1313078

Cited 6 times | Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Marchina v. State

702 So. 2d 1369, 1997 WL 791664

District Court of Appeal of Florida | Filed: Dec 30, 1997 | Docket: 2552434

Cited 6 times | Published

or propensity, such proof is precluded under section 90.404(2)(a), Florida Statutes. During closing argument

Rodriguez v. State

675 So. 2d 189, 1996 WL 279226

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322516

Cited 6 times | Published

Czubak v. State, 570 So.2d 925, 928 (Fla.1990); § 90.404(2)(a), Fla.Stat. (1996). The record is devoid

Williams v. State

662 So. 2d 419, 1995 WL 653543

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 1282725

Cited 6 times | Published

prove bad character or propensity to commit crime. § 90.404(2)(a), Fla. Stat. (1993); Williams v. State, 110

Bolin v. State

650 So. 2d 19, 1995 WL 48438

Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 466970

Cited 6 times | Published

regarding collateral crime evidence. As set out in section 90.404(2)(a), Florida Statutes: Similar fact evidence

Denmark v. State

646 So. 2d 754, 1994 WL 551527

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1405323

Cited 6 times | Published

102, 4 L.Ed.2d 86 (1959), and is codified in section 90.404(2)(a), Florida Statutes (1991). In utilizing

State v. Richardson

621 So. 2d 752, 1993 WL 242584

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1265261

Cited 6 times | Published

hearing. [8] The Williams rule is codified at section 90.404(2), which provides that Similar fact evidence

Thompson v. State

615 So. 2d 737, 1993 WL 40431

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 1658795

Cited 6 times | Published

during both the bank robbery and the rapes. Section 90.404(2), Florida Statutes (1989), a codification

State v. Ayala

604 So. 2d 1275, 1992 WL 217118

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 1686213

Cited 6 times | Published

DELL and FARMER, JJ., concur. NOTES [1] See § 90.404(2), Fla. Stat. (1991).

Schwarck v. State

568 So. 2d 1326, 1990 WL 164828

District Court of Appeal of Florida | Filed: Oct 30, 1990 | Docket: 533556

Cited 6 times | Published

properly admitted under standards imposed by section 90.404(2), Florida Statutes (1989), or case law. See

Padgett v. State

551 So. 2d 1259, 1989 WL 133751

District Court of Appeal of Florida | Filed: Nov 9, 1989 | Docket: 1525618

Cited 6 times | Published

propensity, contrary to section 90.404, Florida Statutes (1987). Section 90.404, which codified the holding

Brown v. State

513 So. 2d 213, 12 Fla. L. Weekly 2291

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 1689337

Cited 6 times | Published

analogous to constitute "similar fact" evidence. Section 90.404(2)(a), Florida Statutes, provides that similar

Diaz v. State

467 So. 2d 1061, 10 Fla. L. Weekly 1046

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 1680628

Cited 6 times | Published

Williams v. State, 110 So.2d 654 (Fla. 1959); § 90.404(2)(a), Fla. Stat. (1983). In view of the insufficiency

Holland v. State

466 So. 2d 207, 10 Fla. L. Weekly 71

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 438449

Cited 6 times | Published

introduce similar fact evidence pursuant to section 90.404(2)(a), Florida Statutes (1979) and Williams

Dixon v. State

426 So. 2d 1258

District Court of Appeal of Florida | Filed: Feb 11, 1983 | Docket: 1283336

Cited 6 times | Published

occasion except under certain limited circumstances. § 90.404(1), Fla. Stat. (1981). One exception permits,

Williams v. State

409 So. 2d 253

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 525988

Cited 6 times | Published

Consequently, the "Williams" rule, now codified as Section 90.404(2)(a), Fla. Stat. (1981), is inapplicable to

State v. Rush

399 So. 2d 527

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1652381

Cited 6 times | Published

and codified in the Florida Evidence Code, section 90.404(2), Florida Statutes (1979). The trial court

Jacobson v. State

375 So. 2d 1133

District Court of Appeal of Florida | Filed: Oct 9, 1979 | Docket: 1705391

Cited 6 times | Published

now been codified in the Florida Evidence Code § 90.404(2), Fla. Stat., effective July 1, 1979. [2] Crespo

Carlisle v. State

137 So. 3d 479, 2014 WL 1225200, 2014 Fla. App. LEXIS 4362

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240329

Cited 5 times | Published

opinion briefly discussed the application of section 90.404(2)(a) ('Williams rule evidence). Id. at 1100

Harden v. State

87 So. 3d 1243, 2012 WL 1859267, 2012 Fla. App. LEXIS 8258

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60307907

Cited 5 times | Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2009). Thus, evidence of other

Thompson v. State

76 So. 3d 1050, 2011 Fla. App. LEXIS 20267, 2011 WL 6342342

District Court of Appeal of Florida | Filed: Dec 20, 2011 | Docket: 401238

Cited 5 times | Published

introduce "similar fact" evidence pursuant to section 90.404(2), Florida Statutes. More particularly, the

Siegel v. State

68 So. 3d 281, 2011 Fla. App. LEXIS 11749, 2011 WL 3107821

District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60302241

Cited 5 times | Published

state filed charges against him. Pursuant to section 90.404(2), Florida Statutes, the state filed a pre-trial

Battle v. State

19 So. 3d 1045, 2009 Fla. App. LEXIS 14520, 2009 WL 3103888

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1651513

Cited 5 times | Published

character or propensity to commit crimes. See § 90.404(2)(a), Fla. Stat. (2007). Specifically, Battle

Samuels v. State

11 So. 3d 413, 2009 Fla. App. LEXIS 4468, 2009 WL 1311013

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656876

Cited 5 times | Published

State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Section 90.404(2)(a), Florida Statutes (2006), provides: Similar

Seavey v. State

8 So. 3d 1175, 2009 Fla. App. LEXIS 3209, 2009 WL 996821

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1654397

Cited 5 times | Published

admitting collateral crimes evidence pursuant to section 90.404(2)(b), Florida Statutes (2004). While the collateral

Fehringer v. State

976 So. 2d 1218, 2008 WL 783406

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1275242

Cited 5 times | Published

evidence of collateral crimes, subject to a section 90.404(2)(a) or (b) analysis, but were relevant evidence

Henry v. State

948 So. 2d 609, 2006 WL 2883172

Supreme Court of Florida | Filed: Jan 25, 2007 | Docket: 1773796

Cited 5 times | Published

State, 570 So.2d 925, 928 (Fla. 1990) (citing § 90.404(2)(a), Fla. Stat. (1987); Castro v. State, 547

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Insko v. State

884 So. 2d 312, 2004 WL 1905755

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1281835

Cited 5 times | Published

Effective July 1, 2001,[3] the legislature amended section 90.404 to add the following provision: In a criminal

State v. Billie

881 So. 2d 637, 2004 WL 1781346

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1748685

Cited 5 times | Published

State, 110 So.2d 654 (Fla.1959), codified as § 90.404, Fla. Stat. (2003). [2] The court urges the Florida

Barker v. State

877 So. 2d 59, 2004 WL 1254336

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1285192

Cited 5 times | Published

is now relevant to the new fact in issue? See § 90.404(2), Fla. Stat. (2003). Could the state attempt

Flores v. State

853 So. 2d 566, 2003 WL 22047694

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1189513

Cited 5 times | Published

evidence to establish identity pursuant to section 90.404(2)(a), Florida *569 Statutes (1999).[3]Duffey

In Interest of Ps

825 So. 2d 530

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312053

Cited 5 times | Published

C.J., and STRINGER, J., Concur. NOTES [1] See § 90.404(2)(a), Fla. Stat. (1999).

Pastor v. State

792 So. 2d 627, 2001 WL 946478

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1735369

Cited 5 times | Published

identity, or absence of mistake or accident. See § 90.404(2), Fla. Stat. (2000). Collateral crime evidence

Cooper v. State

778 So. 2d 542, 2001 WL 245747

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1290489

Cited 5 times | Published

it would have to come into evidence through section 90.404(2)(a), Florida Statutes (1997). The simple

Nelson v. State

739 So. 2d 1177, 1999 WL 512051

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 1688755

Cited 5 times | Published

evidence, which was excluded, was admissible under section 90.404(1)(b), Florida Statutes (1997) as a character

Killian v. State

730 So. 2d 360, 1999 WL 155723

District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 1755378

Cited 5 times | Published

conformity with it on a particular occasion. See § 90.404(1), Fla. Stat. (1997). None of the exceptions

Irwin v. Singletary

882 F. Supp. 1036, 1995 U.S. Dist. LEXIS 4999, 1995 WL 223335

District Court, M.D. Florida | Filed: Apr 13, 1995 | Docket: 1167636

Cited 5 times | Published

2d 1217 (Fla. 2d DCA 1983). [12] Under Florida Statute 90.404(2), evidence of other crimes, wrongs, or

Holland v. State

636 So. 2d 1289, 1994 WL 91962

Supreme Court of Florida | Filed: Mar 24, 1994 | Docket: 1715303

Cited 5 times | Published

motive, intent, absence of mistake, or identity. § 90.404(2)(a), Fla. Stat. (1993); see also Minick v. State

Savino v. State

555 So. 2d 1237, 1989 WL 133010

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 1396904

Cited 5 times | Published

S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). Section 90.404(2), Florida Statutes (1987), codified the rule

Robinson v. State

522 So. 2d 869, 1987 WL 30897

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1191143

Cited 5 times | Published

solely to prove bad character or propensity." § 90.404, Fla. Stat. (1983); Williams v. State, 110 So

Martin v. State

411 So. 2d 987

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1327128

Cited 5 times | Published

the "Williams Rule" which is now codified as Section 90.404(2)(a), Fla. Stat. (1981) and which is generally

Quentin Marcus Truehill v. State of Florida

211 So. 3d 930, 42 Fla. L. Weekly Supp. 223, 2017 WL 727167, 2017 Fla. LEXIS 374

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609129

Cited 4 times | Published

governed by the requirements and limitations of section 90.404, [Florida Statutes (2004)],” id. which permits

Nshaka v. State

82 So. 3d 174, 2012 WL 716033, 2012 Fla. App. LEXIS 3686, 37 Fla. L. Weekly Fed. D 570

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2414649

Cited 4 times | Published

of other crimes, wrongs or acts, pursuant to section 90.404(2)(a), Florida Statutes. The evidence consisted

Lucas v. State

67 So. 3d 332, 2011 Fla. App. LEXIS 11011, 2011 WL 2694519

District Court of Appeal of Florida | Filed: Jul 13, 2011 | Docket: 60302088

Cited 4 times | Published

of other crimes, wrongs or acts pursuant to section 90.404(2)(a), Florida Statutes, regarding appellant’s

Hart v. State

70 So. 3d 615, 2011 Fla. App. LEXIS 6760, 2011 WL 1815144

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 2355554

Cited 4 times | Published

other as similar fact evidence pursuant to section 90.404(2), Florida Statutes (2006). See Williams v

In Re Amendments to the Florida Evidence Code

53 So. 3d 1019, 36 Fla. L. Weekly Supp. 29, 2011 Fla. LEXIS 5, 2011 WL 101668

Supreme Court of Florida | Filed: Jan 13, 2011 | Docket: 401022

Cited 4 times | Published

9, Laws of Florida, the Legislature amended section 90.404(2)(b)2, Florida Statutes.[1] This statute,

Edwards v. State

39 So. 3d 447, 2010 Fla. App. LEXIS 9571, 2010 WL 2675302

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 2382518

Cited 4 times | Published

defendant's guilt, it is error to deny its admission. § 90.404(2)(a), Fla. Stat. (1985). However, the admissibility

Vice v. State

39 So. 3d 352, 2010 Fla. App. LEXIS 8177, 2010 WL 2292168

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1928672

Cited 4 times | Published

fact evidence" on the purported authority of section 90.404(2)(a), Florida Statutes (2006). We reverse

Griffin v. McNeil

667 F. Supp. 2d 1340, 2009 U.S. Dist. LEXIS 105843, 2009 WL 3614313

District Court, S.D. Florida | Filed: Oct 15, 2009 | Docket: 1977133

Cited 4 times | Published

solely to prove bad character or propensity." § 90.404(2)(a), Fla. Stat.

Wilson v. State

12 So. 3d 292, 2009 Fla. App. LEXIS 8793, 2009 WL 1675724

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1647071

Cited 4 times | Published

evidence about a 2000 incident at the library. See § 90.404(2), Fla. Stat. (2006). The introduction of this

Johnson v. State

991 So. 2d 962, 2008 WL 4223660

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725136

Cited 4 times | Published

solely to prove bad character or propensity." See § 90.404(2)(a), Fla. Stat. (2007). This rule serves to

Wightman v. State

982 So. 2d 74, 2008 WL 1830367

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1664354

Cited 4 times | Published

argues that the evidence was admissible under section 90.404(2)(b)(1), Florida Statutes (2006). This section

Fiore v. State

967 So. 2d 995, 2007 WL 3118863

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1733549

Cited 4 times | Published

expansion of the evidence admissible under section 90.404, Florida Statutes, in child molestation cases

Foreman v. State

965 So. 2d 1171, 2007 WL 2317302

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871

Cited 4 times | Published

90.404 and 90.403, Florida Statutes (2005). Section 90.404(2)(b)(1) provides that in a criminal case where

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

for its bearing on any matter that is relevant. § 90.404(2)(b), Fla. Stat. (2005). The admission of such

Ortiz v. State

869 So. 2d 1278, 2004 WL 840253

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1175339

Cited 4 times | Published

court erred in admitting evidence pursuant to section 90.404(2)(b), Florida Statutes (2001), which provides

Bulkmatic Transport Co. v. Taylor

860 So. 2d 436, 2003 Fla. App. LEXIS 12741, 2003 WL 22002564

District Court of Appeal of Florida | Filed: Aug 26, 2003 | Docket: 454798

Cited 4 times | Published

provided by law." § 90.402, Fla. Stat. (2000). Section 90.404(1), Florida Statutes (2000), provides that

Baker v. State

804 So. 2d 564, 2002 WL 63354

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699446

Cited 4 times | Published

State, 110 So.2d 654 (Fla.1959) (codified at section 90.404(2)(a), Florida Statutes (1997)). [2] This

Irons v. State

791 So. 2d 1221, 2001 WL 929879

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1655846

Cited 4 times | Published

Williams rule.[3]Williams has been codified as section 90.404(2)(a), Florida Statutes and provides: Similar

Weems v. State

795 So. 2d 122, 2001 WL 907604

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1673157

Cited 4 times | Published

a material fact in issue, such as intent. See § 90.404(2)(a), Fla. Stat. (1997). Here, the appellant's

Barber v. State

781 So. 2d 425, 2001 WL 109125

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 1292406

Cited 4 times | Published

State's position that it carried its burden under section 90.404(2)(b)1, by furnishing a timely written statement

Farrill v. State

759 So. 2d 696, 2000 WL 377006

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1422270

Cited 4 times | Published

513 So.2d at 124. Generally, as set out in section 90.404(2)(a), Florida Statutes (1997), the evidence

Butts v. State

733 So. 2d 1097, 1999 WL 312250

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1660031

Cited 4 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959), and section 90.404(2)(a), Florida Statutes (1995). These witnesses

Smith v. Hugo

714 So. 2d 467, 1998 WL 117234

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1513764

Cited 4 times | Published

conformity with it on a particular occasion." § 90.404(1), Fla. Stat. (1995).

Hicks v. State

666 So. 2d 1021, 1996 WL 23484

District Court of Appeal of Florida | Filed: Jan 24, 1996 | Docket: 1510894

Cited 4 times | Published

whether or not the defendant takes the stand. See § 90.404(2)(a), Fla. Stat. (1993); Williams v. State, 110

Thiefault v. State

655 So. 2d 1277, 1995 WL 334348

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1696827

Cited 4 times | Published

first laid a proper predicate, in violation of section 90.404(2)(a), Florida Statutes (1993), and the Williams

Jackson v. State

627 So. 2d 70, 1993 WL 473183

District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 1552525

Cited 4 times | Published

or propensity of the defendant to commit crime. § 90.404(2)(a), Fla. Stat. (1991); Williams v. State, 110

Saffor v. State

625 So. 2d 31, 1993 WL 368994

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 474160

Cited 4 times | Published

as to constitute similar-fact evidence under section 90.404(2), Florida Statutes (1989). We determine that

Bierer v. State

582 So. 2d 1230, 1991 WL 128309

District Court of Appeal of Florida | Filed: Jul 16, 1991 | Docket: 1362995

Cited 4 times | Published

separate trials under the similar fact evidence rule. § 90.404(2)(a), Fla. Stat. (1989). Accordingly, the convictions

Hutchinson v. State

580 So. 2d 257, 1991 WL 75548

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 1716749

Cited 4 times | Published

S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). See § 90.404(2), Fla. Stat. (1989). [3] The defense did not

Warren v. State

577 So. 2d 682, 1991 WL 46846

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 160361

Cited 4 times | Published

inadmissible except in the circumstances set forth in section 90.404, Florida Statutes, and when admissible, it

State v. Escobar

570 So. 2d 1343, 1990 WL 129955

District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 1704232

Cited 4 times | Published

of other crimes, wrongs, or acts pursuant to section 90.404(2), Florida Statutes (1987).[1] Specifically

Parker v. State

563 So. 2d 1130, 1990 WL 95450

District Court of Appeal of Florida | Filed: Jul 12, 1990 | Docket: 1281850

Cited 4 times | Published

issue whether the ten day notice provision of section 90.404(2)(a), Florida Statutes (1987) applies to facts

Kelly v. State

552 So. 2d 1140, 1989 WL 122628

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 1663560

Cited 4 times | Published

introduced evidence of other crimes pursuant to section 90.404(2)(a), Florida Statutes, without giving the

Jacob v. State

546 So. 2d 113, 1989 WL 75510

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 1443163

Cited 4 times | Published

reputation when his reputation was not at issue. Section 90.404(1)(b), Florida Statutes (1987), provides that:

Jackson v. State

538 So. 2d 533, 1989 WL 11604

District Court of Appeal of Florida | Filed: Feb 16, 1989 | Docket: 472360

Cited 4 times | Published

(Fla. 1982). The Williams rule, as codified by section 90.404(2)(a)[2] provides that similar fact evidence

Richardson v. State

528 So. 2d 981, 1988 WL 75569

District Court of Appeal of Florida | Filed: Jul 22, 1988 | Docket: 1717578

Cited 4 times | Published

102, 4 L.Ed.2d 86 (1959), now codified at section 90.404(2)(a), Florida Statutes: "Similar fact evidence

Florida v. State

522 So. 2d 1039, 1988 WL 28288

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 1191146

Cited 4 times | Published

incarceration followed by ten years of probation. Section 90.404(2)(a), Florida Statutes (1985) codifies the

Mitchell v. State

491 So. 2d 596

District Court of Appeal of Florida | Filed: Jul 17, 1986 | Docket: 1383922

Cited 4 times | Published

reflect adversely upon the accused's character. Section 90.404(2)(a), Florida Statutes[1], purports to codify

Smith v. State

464 So. 2d 1340, 10 Fla. L. Weekly 708

District Court of Appeal of Florida | Filed: Mar 15, 1985 | Docket: 1661359

Cited 4 times | Published

the accused's bad character or propensity. Section 90.404(2)(a), Florida Statutes (1983); Williams v

Holland v. State

432 So. 2d 60

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 1264012

Cited 4 times | Published

which was admitted into evidence pursuant to § 90.404(2)(a), Florida Statutes, and Williams v. State

Puhl v. State

426 So. 2d 1226

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 1283547

Cited 4 times | Published

the defendant. This violates the spirit of Section 90.404(2), Florida Statutes (1981), and is a sound

Tuff v. State

408 So. 2d 724

District Court of Appeal of Florida | Filed: Jan 12, 1982 | Docket: 1732524

Cited 4 times | Published

type of crime charged in the case being tried. Section 90.404(2), Florida Statutes, 1979, sets forth the

Beckman v. State

230 So. 3d 77

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142

Cited 3 times | Published

propensity to commit crime, in violation of section 90.404(2)(a)- of the Florida Statutes. The State counters

Scott v. State

211 So. 3d 294, 2017 WL 514370, 2017 Fla. App. LEXIS 1538

District Court of Appeal of Florida | Filed: Feb 8, 2017 | Docket: 60262573

Cited 3 times | Published

pornography also contained on the thumb drive. See § 90.404(2)(a), Fla. Stat. (2014). The trial judge also

Arizona Chemical Co. v. Mohawk Industries, Inc.

193 So. 3d 95, 2016 WL 2941121, 2016 Fla. App. LEXIS 7804

District Court of Appeal of Florida | Filed: May 20, 2016 | Docket: 60255729

Cited 3 times | Published

Introducing evidence for this purpose is improper. § 90.404(2)(a), Fla. Stat. (2013). In light of these considerations

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

OTHER CRIMES, WRONGS, OR ACTS -WILLIAMS RULE” § 90.404(2)(a), (2)(b), (2)(c), and (2)(d)2, Fla. Stat

Ricketts v. State

125 So. 3d 194, 2013 WL 238218, 2013 Fla. App. LEXIS 919

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60235775

Cited 3 times | Published

72 So.3d 248, 251 (Fla. 4th DCA 2011) (quoting § 90.404(2)(a), Fla. Stat.). “In determining the admissibility

Elmer v. State

114 So. 3d 198, 2012 WL 4838884, 2012 Fla. App. LEXIS 17748

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60231795

Cited 3 times | Published

in the admission of similar fact evidence. Section 90.404(2)(b)l., Florida Statutes (2010), provides

Mortimer v. State

100 So. 3d 99, 2012 WL 3711413, 2012 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60226109

Cited 3 times | Published

2d 796, 803 (Fla. 2d DCA 2003) (holding that section 90.404(2)(b), involving a type of similar fact evidence

Hills v. State

78 So. 3d 648, 2012 Fla. App. LEXIS 162, 37 Fla. L. Weekly Fed. D 140

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60305087

Cited 3 times | Published

and Mr. Fromang readily agreed to do so. See § 90.404(2)(d)l., Florida Statutes. Turning to the prosecutor

Hills v. State

78 So. 3d 648, 2012 Fla. App. LEXIS 162, 37 Fla. L. Weekly Fed. D 140

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60305087

Cited 3 times | Published

and Mr. Fromang readily agreed to do so. See § 90.404(2)(d)l., Florida Statutes. Turning to the prosecutor

Santiago v. State

70 So. 3d 720, 2011 Fla. App. LEXIS 14982, 2011 WL 4374450

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2358986

Cited 3 times | Published

solely to prove bad character or propensity." § 90.404(2)(a), Fla. Stat.; see also Williams v. State

Pulcini v. State

41 So. 3d 338, 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2399257

Cited 3 times | Published

similar fact evidence, which is governed by section 90.404, Florida Statutes, and is commonly referred

Downs v. State

40 So. 3d 49, 2010 Fla. App. LEXIS 9749, 2010 WL 2628646

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1219404

Cited 3 times | Published

not offered as similar fact evidence under section 90.404(2)(b)1., Florida Statutes (2008), but instead

Simon v. State

38 So. 3d 793, 2010 Fla. App. LEXIS 8204, 2010 WL 2292096

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1185069

Cited 3 times | Published

So.2d 420, 422 (Fla. 1st DCA 1996)); see also § 90.404(1)(b)1., Fla. Stat. (2009). "Evidence of the victim's

Parker v. State

20 So. 3d 966, 2009 Fla. App. LEXIS 15557, 2009 WL 3273213

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1640178

Cited 3 times | Published

all other admissible relevant evidence. Id. Section 90.404, Florida Statutes (2008), governs the admissibility

Shermer v. State

16 So. 3d 261, 2009 Fla. App. LEXIS 11568, 2009 WL 2517056

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1641242

Cited 3 times | Published

State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Section 90.404(1), Florida Statutes, provides: "Evidence of

Corson v. State

9 So. 3d 765, 2009 Fla. App. LEXIS 6037, 2009 WL 1456733

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1667266

Cited 3 times | Published

evidence of previous child molestation. Under section 90.404(2)(b)(1), Florida Statutes (2004), In a criminal

Rutledge v. State

1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978

Cited 3 times | Published

Rule evidence. See Williams, 110 So.2d at 654. Section 90.404(2)(b), Florida Statutes (2005), states: (2)

Ocasio v. State

994 So. 2d 1258, 2008 WL 5156626

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1666686

Cited 3 times | Published

admissible as evidence of bias. At trial he cited section 90.404(1)(b) of the Florida Evidence Code which permits

Kane v. State

975 So. 2d 1277, 2008 WL 723922

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1727166

Cited 3 times | Published

State, 809 So.2d 43, 46 (Fla. 4th DCA 2002). Section 90.404(2)(b)(1) provides that "[i]n a criminal case

Martino v. State

964 So. 2d 906, 2007 WL 2847942

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 1264314

Cited 3 times | Published

Martino sought to admit is inadmissible under section 90.404(1), Florida Statutes, which provides that "[e]vidence

Thomas v. State

959 So. 2d 427, 2007 WL 1828367

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 528140

Cited 3 times | Published

admissible under the Williams rule, codified at section 90.404(2)(a), Florida Statutes (2004), because it

Cann v. State

958 So. 2d 545, 2007 WL 1687573

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734967

Cited 3 times | Published

Williams rule evidence and pursuant to section 90.404(2)(b). Section 90.404(2)(b)1. provides: "In a criminal

Coverdale v. State

940 So. 2d 558, 2006 WL 3040291

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1157901

Cited 3 times | Published

similar fact evidence of other crimes under section 90.404(2), Florida Statutes (2004), but with evidence

Williamson v. State

894 So. 2d 996, 2005 WL 170887

District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 1767650

Cited 3 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959).[1]See § 90.404(2), Fla. Stat. (2004). In this connection the

Valley v. State

860 So. 2d 464, 2003 WL 22442922

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 2536224

Cited 3 times | Published

December 23rd incident with Officer Powser. Section 90.404(2)(a), Florida Statutes (2002), codifies the

Bolden v. State

832 So. 2d 153, 2002 WL 31465393

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 1336043

Cited 3 times | Published

relevant to prove identity and opportunity. See § 90.404(2)(a), Fla. Stat. (1999); Williams. When identity

Robertson v. State

780 So. 2d 106, 2001 WL 293156

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1708605

Cited 3 times | Published

impeachment purposes, and relevancy *108 under Section 90.404(2)(a), Florida Statutes (1997), to show the

State v. Barber

783 So. 2d 293, 2001 WL 256043

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 300849

Cited 3 times | Published

110 So.2d 654 (Fla.1959), codified at Fla. Stat. § 90.404(2) (1999). We have jurisdiction. See State v.

Hutchens v. State

730 So. 2d 825, 1999 WL 199502

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 1755384

Cited 3 times | Published

admitted the collateral crime evidence pursuant to section 90.404(2)(a), Florida Statutes (1995), and affirm

Alvarez v. State

729 So. 2d 472, 1999 WL 157628

District Court of Appeal of Florida | Filed: Mar 22, 1999 | Docket: 1653095

Cited 3 times | Published

notification was timely, in accordance *473 with Section 90.404(2)(b)(1), Florida Statutes (1997), and that

Lomax v. State

727 So. 2d 376, 1999 WL 110785

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 468368

Cited 3 times | Published

prove the defendant's identity pursuant to section 90.404(2)(a), Florida Statutes (1997). See Jorgenson

Johnson v. State

718 So. 2d 848, 1998 WL 518609

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 466365

Cited 3 times | Published

667 So.2d 420, 422 (Fla. 1st DCA 1996); see also § 90.404, Fla. Stat. (1995). Such evidence is admissible

DM v. State

714 So. 2d 1117, 1998 WL 390513

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1513783

Cited 3 times | Published

offer evidence of other criminal offenses, see § 90.404(2)(b)1, Fla. Stat. (1997), namely, the surveillance

Sullivan v. State

713 So. 2d 1023, 1998 WL 256680

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 1732656

Cited 3 times | Published

events with Scott are not admissible under section 90.404(2), Florida Statutes (1995); see Williams v

Chaudoin v. State

707 So. 2d 813, 1998 WL 66569

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259427

Cited 3 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404, Fla. Stat.

Jenkins v. State

697 So. 2d 228, 1997 WL 423443

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777163

Cited 3 times | Published

basis I join in the affirmance. NOTES [1] Section 90.404(2)(a), Fla. Stat. (1995). [2] To the extent

Carter v. State

687 So. 2d 327, 1997 WL 39603

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718596

Cited 3 times | Published

admit this testimony. This issue is governed by section 90.404(1), Florida Statutes,[1] which states, in pertinent

Moore v. State

659 So. 2d 414, 1995 WL 457586

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 1748059

Cited 3 times | Published

that it should be uniformly admissible under section 90.404(2), Florida Statutes (1989). Nor does Heuring

Sampson v. State

645 So. 2d 1005, 1994 WL 391263

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1654563

Cited 3 times | Published

defense. To do otherwise would be to ignore section 90.404(2), Florida Statutes (1991), and the Williams

State v. O'BRIEN

633 So. 2d 96, 1994 WL 63319

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1296713

Cited 3 times | Published

knowledge, or absence of mistake or accident. See § 90.404(2)(a). Heuring at 124. The supreme court in Heuring

Barbee v. State

630 So. 2d 655, 19 Fla. L. Weekly Fed. D 117

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 139670

Cited 3 times | Published

comply with the ten-day notice requirement of section 90.404(2)(b)(1), Florida Statutes (1991) in respect

Diaz v. State

618 So. 2d 346, 1993 WL 154275

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1720268

Cited 3 times | Published

State, 110 So.2d 654 (Fla. 1959) (codified in section 90.404(28)(c), Florida Statutes (1991)).

Beal v. State

620 So. 2d 1015, 1993 WL 136087

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 1387002

Cited 3 times | Published

the particular occasions in question, citing Section 90.404, Florida Statutes. The trial court erred in

Diaz v. State

609 So. 2d 1337, 1992 WL 353706

District Court of Appeal of Florida | Filed: Dec 1, 1992 | Docket: 1473500

Cited 3 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404, Fla. Stat. (1991). [5] The Perkins court upheld

Carr v. State

578 So. 2d 398, 1991 WL 61783

District Court of Appeal of Florida | Filed: Apr 16, 1991 | Docket: 440910

Cited 3 times | Published

prejudice. We disagree. The statute applicable, section 90.404(2), Florida Statutes (1989), provides in part:

Selver v. State

568 So. 2d 1331, 1990 WL 164985

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 533475

Cited 3 times | Published

S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); section 90.404(2), Florida Statutes (1987). The state argues

Adamson v. State

569 So. 2d 495, 1990 WL 149780

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 2559267

Cited 3 times | Published

S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); see § 90.404(2), Fla. Stat. (1989).

Jensen v. State

555 So. 2d 414, 1989 WL 152148

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 1724616

Cited 3 times | Published

evidence far outweighed any probative value. Section 90.404(2)(a) provides that evidence of other crimes

Platt v. State

551 So. 2d 1277, 1989 WL 136076

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 2569696

Cited 3 times | Published

the ten day notice provision required under section 90.404(2)(a), Florida Statutes (1987). Tumulty v.

Stallworth v. State

538 So. 2d 1296, 1989 WL 10925

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 1517155

Cited 3 times | Published

admissible as evidence of a collateral crime. Section 90.404(2)(a), Florida Statutes (1985), governs the

Biondo v. State

533 So. 2d 910, 1988 WL 122437

District Court of Appeal of Florida | Filed: Nov 16, 1988 | Docket: 425304

Cited 3 times | Published

LEHAN and THREADGILL, JJ., concur. NOTES [1] Section 90.404(2), Florida Statutes (1983); Williams v. State

Crenshaw v. State

521 So. 2d 138, 1988 WL 2636

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 1703601

Cited 3 times | Published

is solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (1985). General similarity does

Garcia v. State

521 So. 2d 191, 1988 WL 8428

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 1703773

Cited 3 times | Published

not referenced in the first statement filed. Section 90.404(2) Florida Statutes, provides in part: (a)

Williams v. State

507 So. 2d 1122, 12 Fla. L. Weekly 911

District Court of Appeal of Florida | Filed: Apr 2, 1987 | Docket: 460110

Cited 3 times | Published

supported Williams's version of the incident. See section 90.404(1)(b)1., Florida Statutes (1979), which provides

Periu v. State

490 So. 2d 1327, 11 Fla. L. Weekly 1452

District Court of Appeal of Florida | Filed: Jul 1, 1986 | Docket: 1489243

Cited 3 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1983). Second, the trial court

Chambliss v. White Motor Corp.

481 So. 2d 6, 10 Fla. L. Weekly 2566, 1985 Fla. App. LEXIS 5936

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1529301

Cited 3 times | Published

inadmissible when relevant solely to prove propensity. § 90.404(2)(a), Fla. Stat. (1983). We agree that the evidence

Hyer v. State

462 So. 2d 488, 10 Fla. L. Weekly 5

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1509938

Cited 3 times | Published

testimony was properly admitted pursuant to section 90.404(2)(a), Florida Statutes (1983), to show defendant's

Wilt v. State

410 So. 2d 924

District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 478114

Cited 3 times | Published

failure to comply with Florida Evidence Code, section 90.404(2), Florida Statutes (1979). [1] One witness

ROBERT NEWBY v. STATE OF FLORIDA

272 So. 3d 862

District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688818

Cited 2 times | Published

Williams rule, which was first codified at section 90.404(2), Florida Statutes (1976), allows the State

DONALD BUHLER v. STATE OF FLORIDA

247 So. 3d 1

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716320

Cited 2 times | Published

state’s notice of intent to offer evidence under section 90.404(2), Florida Statutes (2016). On June 5

DEBBIE O'FLAHERTY-LEWIS v. STATE OF FLORIDA

230 So. 3d 15

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183887

Cited 2 times | Published

DCA 2013) (internal citation omitted); see also § 90.404(2)(a), Fla. Stat. (2015). “In determining the

Hilton v. State

117 So. 3d 742, 38 Fla. L. Weekly Supp. 174, 2013 Fla. LEXIS 486, 2013 WL 1149715

Supreme Court of Florida | Filed: Mar 21, 2013 | Docket: 60232773

Cited 2 times | Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2008). We explained in McGirth

Johnson v. State

110 So. 3d 954, 2013 WL 811656, 2013 Fla. App. LEXIS 3556

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60230528

Cited 2 times | Published

as Williams1 rule evidence, is codified in section 90.404(2)(a), Florida Statutes (2009), and may be

Corbett v. State

113 So. 3d 965, 2013 WL 692645, 2013 Fla. App. LEXIS 3066

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60231672

Cited 2 times | Published

criminal activity [justifies] admission’ ” under section 90.404(2)(a), Florida Statutes. McWatters, 36 So.3d

Ritz v. State

101 So. 3d 939, 2012 Fla. App. LEXIS 20888, 2012 WL 6028093

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226492

Cited 2 times | Published

(Fla.2010). The Williams rule is codified in section 90.404 of the Florida Statutes, and states: Similar

Savage v. State

99 So. 3d 1001, 2012 Fla. App. LEXIS 19140, 2012 WL 5416214

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60312875

Cited 2 times | Published

and evidence of specific acts admitted under section 90.404(l)(b).” Grace v. State, 832 So.2d 224, 226

Coleman v. State

126 So. 3d 1199, 2012 Fla. App. LEXIS 18099, 2012 WL 4897131

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60236241

Cited 2 times | Published

acts involving child molestation” pursuant to section 90.404(2)(b)l., Florida Statutes (2008). During the

Rubinger v. State

98 So. 3d 659, 2012 WL 4448881, 2012 Fla. App. LEXIS 16163

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312507

Cited 2 times | Published

inadmissible to prove culpable negligence under section 90.404(1), Florida Statutes (2006).1 She also asserts

Bridges v. State

81 So. 3d 616, 2012 Fla. App. LEXIS 3835, 2012 WL 751685

District Court of Appeal of Florida | Filed: Mar 9, 2012 | Docket: 2416259

Cited 2 times | Published

admission of similar fact evidence); see also § 90.404(2), Fla. Stat. (2009).

DeLuise v. State

72 So. 3d 248, 2011 Fla. App. LEXIS 16079, 2011 WL 4808267

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303233

Cited 2 times | Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat.; see also Williams v. State

State v. Wright

74 So. 3d 503, 2011 Fla. App. LEXIS 15714, 2011 WL 4578536

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2360328

Cited 2 times | Published

essential requirements of the law by applying section 90.404(2), Florida Statutes (2008), to exclude the

Serrano v. State

64 So. 3d 93, 36 Fla. L. Weekly Supp. 108, 2011 Fla. LEXIS 619, 2011 WL 904071

Supreme Court of Florida | Filed: Mar 17, 2011 | Docket: 60301604

Cited 2 times | Published

the motion for mistrial. (d) Bad Character Section 90.404(1), Florida Statutes (2005), provides that

Carbonell v. State

47 So. 3d 944, 2010 Fla. App. LEXIS 17674, 2010 WL 4630267

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 1928591

Cited 2 times | Published

of admissibility is relevancy." Id. at 659. Section 90.404(2)(a), Florida Statutes (2005), codified this

Munoz v. State

45 So. 3d 954, 2010 Fla. App. LEXIS 15545, 2010 WL 3984819

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296091

Cited 2 times | Published

regarding a victim’s character is inadmissible. See § 90.404(1), Fla. Stat. (2009). The exceptions to this

Bruce v. State

44 So. 3d 1225, 2010 Fla. App. LEXIS 14551, 2010 WL 3808435

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 2401861

Cited 2 times | Published

fact evidence from two witnesses, pursuant to section 90.404(2)(c), Florida Statutes. One witness, G.B.

Duckett v. McDonough

701 F. Supp. 2d 1245, 2010 U.S. Dist. LEXIS 38440, 2010 WL 1249840

District Court, M.D. Florida | Filed: Mar 25, 2010 | Docket: 108599

Cited 2 times | Published

654 (Fla.1959), and is codified in Fla. Stat. § 90.404(2)(a): Similar fact evidence of other crimes

Hernandez v. State

16 So. 3d 336, 2009 Fla. App. LEXIS 13766, 2009 WL 2951915

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1124994

Cited 2 times | Published

the State." The Williams rule is codified in section 90.404(2)(a), Fla. Stat. (2007): Similar fact evidence

Nicholson v. State

10 So. 3d 142, 2009 Fla. App. LEXIS 2510, 2009 WL 763429

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642549

Cited 2 times | Published

2001). The Williams rule has been codified in section 90.404(2)(a), Florida Statutes, which provides: (a)

Pratt v. State

1 So. 3d 1169, 2009 Fla. App. LEXIS 568, 2009 WL 187587

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1653481

Cited 2 times | Published

POLEN and HAZOURI, JJ., concur. NOTES [1] See § 90.404(2)(a), Fla. Stat. (2008) (similar fact evidence

Woodard v. State

978 So. 2d 217, 2008 WL 828962

District Court of Appeal of Florida | Filed: Mar 31, 2008 | Docket: 1508481

Cited 2 times | Published

KAHN, J. The issue in this case is whether section 90.404(2)(b), Florida Statutes (2006), allowed the

PINTADO v. State

970 So. 2d 857, 2007 WL 3355092

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1323370

Cited 2 times | Published

inadmissible unless relevant to the issue being tried. § 90.404(1), Fla. Stat. (2006). However, paragraph 90.404(1)(b)

Shepherd v. State

912 So. 2d 1250, 2005 WL 2806686

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 1650099

Cited 2 times | Published

admitting evidence of prior bad acts pursuant to section 90.404(2)(b)(1), Florida Statutes (2001); (b) limiting

Ballard v. State

899 So. 2d 1186, 2005 WL 856022

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1705599

Cited 2 times | Published

solely to prove bad character or propensity. See § 90.404(2)(a), Fla. Stat. (2003). However, for such evidence

Tannihill v. State

912 So. 2d 2, 2005 WL 419138

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 1755667

Cited 2 times | Published

the evidence of the prior transaction under section 90.404(2)(a), Florida Statutes (2003), reasoning that

Sutherland v. State

849 So. 2d 1107, 2003 WL 21347302

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1509387

Cited 2 times | Published

STONE and WARNER, JJ., concur. NOTES [1] See § 90.404(2)(a), Fla. Stat. (2003) ("Similar fact evidence

Burke v. State

835 So. 2d 286, 2002 WL 31728458

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1755003

Cited 2 times | Published

admissible as Williams Rule evidence under section 90.404.[3]See Chandler v. State, 702 So.2d 186 (Fla

Preciose v. State

829 So. 2d 381, 2002 WL 31465745

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 2586235

Cited 2 times | Published

1959) as evidence of collateral crimes. See also § 90.404(2)(a), Fla. Stat. (2000). One of the requirements

Freeman v. State

818 So. 2d 580, 2002 WL 507032

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1169818

Cited 2 times | Published

State, 110 So.2d 654 (Fla.1959), codified as, section 90.404(2)(a), Florida Statutes. Freeman had examined

LONG TERM CARE FOUNDATION, INC. v. Martin

778 So. 2d 1100, 2001 Fla. App. LEXIS 3407, 2001 WL 256144

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 1290420

Cited 2 times | Published

adversely upon the accused's character. Id. Section 90.404(2)(a) codifies the Williams rule, and lists

Geske v. State

770 So. 2d 252, 2000 WL 1595746

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 1778896

Cited 2 times | Published

the rule allowing that evidence. See Fla. Stat. § 90.404(2)(a) (1997). Although the facts involved in the

Kimbrell v. State

764 So. 2d 893, 2000 WL 1140440

District Court of Appeal of Florida | Filed: Aug 9, 2000 | Docket: 470311

Cited 2 times | Published

State, 660 So.2d 668 (Fla.1995). We disagree. Section 90.404(2), Florida Statutes, provides that collateral

Robertson v. State

780 So. 2d 94, 2000 WL 368468

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1708736

Cited 2 times | Published

defendant guilty of shooting his girlfriend. Section 90.404(2)(a), Florida Statutes (1998) provides that

Morrell v. State

779 So. 2d 304, 1999 WL 462104

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 420192

Cited 2 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959). Section 90.404(2)(a), Florida Statutes (1997), allows the

Sullivan v. State

728 So. 2d 290, 24 Fla. L. Weekly Fed. D 482

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 73764

Cited 2 times | Published

offer Williams[1] rule evidence, pursuant to section 90.404(2), Florida Statutes (1997). The State added

Corpus v. State

718 So. 2d 1266, 1998 WL 698829

District Court of Appeal of Florida | Filed: Oct 9, 1998 | Docket: 1515075

Cited 2 times | Published

encounter with Corpus was not admissible under section 90.404(2), Florida Statutes (1995). See Saffor, 660

Morrow v. State

717 So. 2d 93, 1998 WL 476120

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 1681471

Cited 2 times | Published

or propensity. See Williams; § 90.404, Fla. Stat. (1997). Section 90.404, which codified the holding in

Thomas v. State

701 So. 2d 891, 1997 WL 683302

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 1736708

Cited 2 times | Published

precisely the type of character evidence that section 90.404(1) of the Florida Evidence Code is intended

Sheppard v. State

659 So. 2d 457, 1995 WL 490561

District Court of Appeal of Florida | Filed: Aug 18, 1995 | Docket: 1462757

Cited 2 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. (1993). [4] § 794.041, Fla

Rawls v. State

624 So. 2d 757, 1993 WL 347687

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 475564

Cited 2 times | Published

or absence of mistake or accident. Id. (citing § 90.404(2)(a), Fla. Stat.). Recognizing that special problems

Abbott v. State

622 So. 2d 601, 1993 WL 309161

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 547142

Cited 2 times | Published

State v. Vasquez, 419 So.2d 1088 (Fla. 1982); § 90.404, Fla. Stat. (1989). Such evidence is presumptively

Hawks v. State

616 So. 2d 1106, 1993 WL 104642

District Court of Appeal of Florida | Filed: Apr 9, 1993 | Docket: 1371347

Cited 2 times | Published

intention to use similar fact evidence pursuant to section 90.404(2)(b), Florida Statutes (1991). This evidence

Adkins v. State

605 So. 2d 915, 1992 WL 221529

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 1342960

Cited 2 times | Published

of other crimes, wrongs or acts pursuant to section 90.404(2), Florida Statutes. Specifically, the notice

State v. Ackers

599 So. 2d 222, 17 Fla. L. Weekly Fed. D 1248

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 1483541

Cited 2 times | Published

Ct. 102, 4 L.Ed.2d 86 (1959) and codified in section 90.404(2)(a), Florida Statutes (1991). Evidence of

Bennett v. State

593 So. 2d 1069, 1992 WL 3679

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 446441

Cited 2 times | Published

denying the defendant's motion for severance. Section 90.404(2), Florida Statutes, provides: Other crimes

Broderick v. State

564 So. 2d 622, 1990 WL 107790

District Court of Appeal of Florida | Filed: Aug 1, 1990 | Docket: 1294532

Cited 2 times | Published

testimony was impermissible collateral crime evidence. § 90.404(2), *624 Fla. Stat.; Williams v. State, 110 So

Smith v. State

561 So. 2d 1281, 1990 WL 68719

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 1740158

Cited 2 times | Published

burglary and thereby concealed his true identity. See § 90.404(2)(a), Florida Statutes (1987). Also, the contention

Gonzalez v. State

559 So. 2d 748, 1990 WL 55695

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 1523427

Cited 2 times | Published

1981), rev. denied, 413 So.2d 877 (Fla. 1982); § 90.404(2), Fla. Stat. (1987). Moreover, we are persuaded

Freeman v. State

538 So. 2d 936, 1989 WL 9761

District Court of Appeal of Florida | Filed: Feb 8, 1989 | Docket: 1517083

Cited 2 times | Published

"other crimes" evidence within the meaning of section 90.404(2), Florida Statutes (1987), and thus was subject

Tollefson v. State

525 So. 2d 957, 1988 WL 47238

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1710677

Cited 2 times | Published

of the offense being tried." Id. at 662. See Section 90.404(2)(a), Fla. Stat. (1987). In order to be admissible

Edmond v. State

521 So. 2d 269, 1988 WL 17246

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 1347734

Cited 2 times | Published

evidence pursuant to Williams v. State[1] and section 90.404(2)(a), Florida Statutes (1985). We agree with

O'Steen v. State

506 So. 2d 476, 12 Fla. L. Weekly 1147

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 1336369

Cited 2 times | Published

tends only to prove bad character. Fla. Stat. § 90.404(2)(a) (1985). Because appellant denied that he

Barnes v. State

477 So. 2d 6, 10 Fla. L. Weekly 2201

District Court of Appeal of Florida | Filed: Sep 20, 1985 | Docket: 1320876

Cited 2 times | Published

in "Williams Rule" evidence as codified in section 90.404(2), Florida Statutes (1984), as it pertains

SC v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1724781

Cited 2 times | Published

similar wrongdoing to show propensity. See Section 90.404(2)(a), Florida Statutes (1983). This ground

Zarate v. State

466 So. 2d 1176, 10 Fla. L. Weekly 875

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 439067

Cited 2 times | Published

admissible as proper similar crimes evidence under Section 90.404(2)(a), Florida Statutes (1983); the defendant's

STEPHEN STUBBS v. STATE OF FLORIDA

275 So. 3d 631

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950643

Cited 1 times | Published

two witnesses’ testimony was admissible under section 90.404(2), Florida Statutes (2017). Subsection 90

Mendez v. State

271 So. 3d 1093

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549571

Cited 1 times | Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2018). This general rule of

Kelly Lamont Whisby v. State of Florida

262 So. 3d 228

District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425521

Cited 1 times | Published

under section 90.404(2)(a), Florida Statutes, we find that it was admissible under section 90.404(2)(c)

Aguila v. State

255 So. 3d 522

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015419

Cited 1 times | Published

wrongs, or acts of child molestation under section 90.404(2)(b), Florida Statutes (2013). Specifically

Felice John Veach v. State of Florida

254 So. 3d 624

District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775010

Cited 1 times | Published

relevant and not more prejudicial than probative. § 90.404(2)(a), Fla. Stat. (2016). Thus, the trial court’s

Horace Monroe Wood v. State of Florida

238 So. 3d 924

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318690

Cited 1 times | Published

bearing on any matter to which it is relevant.” § 90.404(2)(b)(1), Fla. Stat.; see also Williams v. State

JOSEPH BALDINO v. STATE OF FLORIDA

225 So. 3d 257, 2017 WL 3085326, 2017 Fla. App. LEXIS 10443

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122338

Cited 1 times | Published

stating “it seems that both the language of Section 90.404(2)(a) and- of Williams indicates

Henry Lee Jones v. State of Florida

212 So. 3d 321, 42 Fla. L. Weekly Fed. S 257, 2017 WL 823600, 2017 Fla. LEXIS 421

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612629

Cited 1 times | Published

Williams v. State, 110 So.2d 654 (Fla. 1959), and section 90.404(2)(a), Florida Statutes (2013). Jones filed

Goggins v. State

211 So. 3d 1100, 2017 WL 631798, 2017 Fla. App. LEXIS 2070

District Court of Appeal of Florida | Filed: Feb 16, 2017 | Docket: 60262465

Cited 1 times | Published

to run concurrently. This appeal followed. Section 90.404(2)(a), Florida Statutes (2014), provides that

Cabriano v. State

211 So. 3d 147, 2017 WL 625487, 2017 Fla. App. LEXIS 2060

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262547

Cited 1 times | Published

involving similar fact evidence of other acts. See § 90,404(2)(a), Fla. Stat *149(2013). First, the court

Vernon Bernard Moss v. State of Florida

169 So. 3d 223, 2015 Fla. App. LEXIS 9955

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2670570

Cited 1 times | Published

So.3d 1092, 1093 (Fla. 1st DCA 2009). Section 90.404(2)(a), Florida Statutes (2013), known as the

Alan Lyndell Wade v. State of Florida

156 So. 3d 1004, 39 Fla. L. Weekly Supp. 757, 2014 Fla. LEXIS 3679, 2014 WL 6978020

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613920

Cited 1 times | Published

conformity with it on a particular occasion.” § 90.404(1), Fla. Stat. (2007). Ganey’s testimony about

Jackson v. State

140 So. 3d 1067, 2014 Fla. App. LEXIS 8816, 2014 WL 2583480

District Court of Appeal of Florida | Filed: Jun 10, 2014 | Docket: 60241355

Cited 1 times | Published

291-92 (Fla.2009) (emphasis in original) (citing section 90.404(2)(a), Florida Statutes). A material fact is

Fincher v. State

137 So. 3d 437, 2014 WL 940662, 2014 Fla. App. LEXIS 3463

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60240310

Cited 1 times | Published

introduce similar fact evidence, pursuant to section 90.404(2)(b), Florida Statute (2010). During the Williams

McDade v. State

114 So. 3d 465, 2013 WL 2451347, 2013 Fla. App. LEXIS 8996

District Court of Appeal of Florida | Filed: Jun 7, 2013 | Docket: 60231945

Cited 1 times | Published

sexual abuse, it knows how to do so. See, e.g., § 90.404(2), Fla. Stat. (2010) (providing a special exception

Johnson v. State

112 So. 3d 564, 2013 WL 1442224, 2013 Fla. App. LEXIS 5709

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231153

Cited 1 times | Published

State, 72 So.3d 248, 251 (Fla. 4th DCA 2011); § 90.404(2)(a), Fla. Stat. (2010). Prior to admitting evidence

Fey v. State

125 So. 3d 828, 2013 Fla. App. LEXIS 4906, 2013 WL 1222811

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60236084

Cited 1 times | Published

Williams rule evidence at trial, as required by section 90.404(2)(d), Florida Statutes. In McLean v. State

State v. Sandoval

125 So. 3d 213, 2013 WL 439986, 2013 Fla. App. LEXIS 1835

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60235783

Cited 1 times | Published

established law applying to this type of issue is section 90.404(2)(b)l., Florida Statutes (2011), as interpreted

Baker v. State

102 So. 3d 756, 2012 Fla. App. LEXIS 21778, 2012 WL 6601179

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226783

Cited 1 times | Published

885 So.2d 1010, 1013 (Fla. 4th DCA 2004) (citing § 90.404(2)(a), Fla. Stat. (2008)). It is not admissible

Vargas v. State

101 So. 3d 1269, 2012 Fla. App. LEXIS 20890, 2012 WL 6027804

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226169

Cited 1 times | Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat (2011). Evidence of prior threats

Beaussicot v. State

95 So. 3d 472, 2012 WL 3711432, 2012 Fla. App. LEXIS 14494

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60311276

Cited 1 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2010). On appeal, this court

Sanchez v. State

81 So. 3d 604, 2012 Fla. App. LEXIS 3589, 2012 WL 716056

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2411817

Cited 1 times | Published

that the detective's response was improper, see § 90.404(2)(a), Fla. Stat. (2010); Williams v. State, 110

Holmes v. State

91 So. 3d 859, 2012 WL 447284, 2012 Fla. App. LEXIS 2126

District Court of Appeal of Florida | Filed: Feb 14, 2012 | Docket: 60309991

Cited 1 times | Published

crimes. This evidence was thus not admissible. § 90.404(2)(a), Fla. Stat.; Agatheas v. State, 77 So.3d

Moore v. State

78 So. 3d 46, 2012 Fla. App. LEXIS 166, 2012 WL 75192

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 2356891

Cited 1 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2007). Courts have found that

BALZOURT v. State

75 So. 3d 830, 2011 Fla. App. LEXIS 19727, 2011 WL 6117113

District Court of Appeal of Florida | Filed: Dec 9, 2011 | Docket: 2359105

Cited 1 times | Published

v. State, 19 So.3d 277, 291-92 (Fla.2009); see § 90.404(2)(a), Fla. Stat. (2007). "`When the purported

Gartner v. State

68 So. 3d 986, 2011 Fla. App. LEXIS 13905, 2011 WL 3861523

District Court of Appeal of Florida | Filed: Sep 2, 2011 | Docket: 2360008

Cited 1 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959). [2] Section 90.404(2)(a), Florida Statutes (2007) provides: (2)

Pearson v. State

61 So. 3d 499, 2011 Fla. App. LEXIS 8080, 2011 WL 2135469

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2362068

Cited 1 times | Published

paraphernalia. The state filed a notice pursuant to section 90.404(2)(c)(1), Florida Statutes, to elicit evidence

Sabine v. State

58 So. 3d 943, 2011 Fla. App. LEXIS 5945, 2011 WL 1565454

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60299555

Cited 1 times | Published

admissible as similar fact evidence pursuant to section 90.404(2)(b)(1), Florida Statutes (2004). That statute

State v. Tameris

54 So. 3d 619, 2011 Fla. App. LEXIS 1980, 2011 WL 553825

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298353

Cited 1 times | Published

a notice of similar fact evidence pursuant section 90.404(2)(c), Florida Statutes, and Williams v. State

Tripoli v. State

50 So. 3d 776, 2010 Fla. App. LEXIS 19854, 2010 WL 5346445

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 60297351

Cited 1 times | Published

circumstantially to the crime charged” is admissible under section 90.404(2)(a), Florida Statutes (2008). Titel v. State

Thermidor v. State

50 So. 3d 1184, 2010 Fla. App. LEXIS 19464, 2010 WL 5173818

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 60297262

Cited 1 times | Published

operandi. The Williams rule was codified in section 90.404(2), Florida Statutes (2005), which provides:

Neal v. State

50 So. 3d 96, 2010 Fla. App. LEXIS 19085, 2010 WL 5093160

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297476

Cited 1 times | Published

trial. WARNER and POLEN, JJ., concur. . See § 90.404(2)(a), Fla. Stat. (2009). . See also Shelton

Austin v. State

48 So. 3d 1025, 2010 Fla. App. LEXIS 18657, 35 Fla. L. Weekly Fed. D 2698

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 2402081

Cited 1 times | Published

no relevance to a material fact in issue. See § 90.404(2), Fla. Stat. (2008) (codifying the rule in Williams

Austin v. State

48 So. 3d 1025, 2010 Fla. App. LEXIS 18657, 35 Fla. L. Weekly Fed. D 2698

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 2402081

Cited 1 times | Published

no relevance to a material fact in issue. See § 90.404(2), Fla. Stat. (2008) (codifying the rule in Williams

Delatorre v. State

45 So. 3d 817, 2010 Fla. App. LEXIS 11720, 2010 WL 3154986

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 2399315

Cited 1 times | Published

bearing on any matter to which it is relevant." § 90.404(2)(b)1., Fla Stat. (2009). This provision "broadly

Goforth v. State

15 So. 3d 786, 2009 Fla. App. LEXIS 9773, 2009 WL 2067023

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1660765

Cited 1 times | Published

admission of this testimony was reversible error. § 90.404(2)(a), Fla. Stat. (1990). Id. at 89; see also

Cooper v. State

13 So. 3d 147, 2009 Fla. App. LEXIS 7255, 2009 WL 1606534

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1660232

Cited 1 times | Published

the lack of notice by the State required by section 90.404(2)(c)(1), Florida Statutes (2007).[1] He asserts

McCain v. State

995 So. 2d 1029, 2008 WL 4756397

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 1685081

Cited 1 times | Published

is codified in the Florida Evidence Code as section 90.404(2), Florida Statutes (2006), which states in

Moore v. State

991 So. 2d 977, 2008 WL 4287253

District Court of Appeal of Florida | Filed: Sep 22, 2008 | Docket: 2549642

Cited 1 times | Published

belief as to imminent danger from the deceased. See § 90.404(1)(b), Fla. Stat. (2007); Banks v. State, 351

King v. State

988 So. 2d 111, 2008 Fla. App. LEXIS 11218, 2008 WL 2927835

District Court of Appeal of Florida | Filed: Jul 23, 2008 | Docket: 64855373

Cited 1 times | Published

Maria Woods should not have been admitted under § 90.404(2), Fla. Stat. (2007). That section states, in

Reyes v. State

976 So. 2d 1169, 2008 WL 704200

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 1275465

Cited 1 times | Published

character or propensity" is inadmissible); see also § 90.404, Fla. Stat. (2007). Not only did the jury hear

Wilson v. State

971 So. 2d 963, 2008 WL 34808

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446867

Cited 1 times | Published

State, 606 So.2d 641, 642 (Fla. 1st DCA 1992); § 90.404(1)(b), Fla. Stat. (1999)). "The victim's character

Durkee v. State

957 So. 2d 1274, 2007 WL 1709536

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 2513930

Cited 1 times | Published

abuse of discretion in admitting the evidence. See § 90.404, Fla. Stat. (2004). See also McLean v. State,

Scott v. State

957 So. 2d 43, 2007 WL 1238608

District Court of Appeal of Florida | Filed: Apr 30, 2007 | Docket: 1270584

Cited 1 times | Published

considered the evidence within the parameters of section 90.404(2), Florida Statutes (2003), and defense counsel

Wellner v. East Pasco Medical Center, Inc.

975 So. 2d 442, 2007 WL 866003

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 2539290

Cited 1 times | Published

in this adverse medical incident. See generally § 90.404, Fla. Stat. (2006).

Gould v. State

942 So. 2d 465, 2006 Fla. App. LEXIS 19966, 2006 WL 3422108

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 64847861

Cited 1 times | Published

enforcement officer, a material issue in the case. See § 90.404(2)(a), Fla. Stat. (2005). The trial court has

Gadson v. State

941 So. 2d 573, 2006 Fla. App. LEXIS 19084, 2006 WL 3300005

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64847770

Cited 1 times | Published

Notice of Intent to Introduce Evidence Under Section 90.404(2) and 90.402 Florida Statutes (2004). The

Welch v. State

940 So. 2d 1244, 2006 WL 3103152

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 1523873

Cited 1 times | Published

and not anticipatory rehabilitation.[2] *1246 Section 90.404(1)(c), Florida Statutes (2004), provides that:

Hill v. State

933 So. 2d 667, 2006 WL 1910174

District Court of Appeal of Florida | Filed: Jul 13, 2006 | Docket: 1309068

Cited 1 times | Published

prove one of the specific issues listed in section 90.404(2) of the Florida Evidence Code, but the state

Jones v. State

931 So. 2d 243, 2006 WL 1649050

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 926894

Cited 1 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Stat. [2] Five young men driving

Houston v. State

931 So. 2d 205, 2006 WL 1559760

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 1522200

Cited 1 times | Published

the defendant presented by the State under section 90.404(2)(a), as character evidence of the accused

Armstrong v. State

931 So. 2d 187, 2006 WL 1559734

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 1522215

Cited 1 times | Published

the kind forbidden by the Williams rule and section 90.404(2)." 451 So.2d at 461. In Carter v. State,

Britton v. State

928 So. 2d 386, 2006 WL 888056

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1406059

Cited 1 times | Published

apprehension does not violate the policy of section 90.404 which excludes character evidence when it is

Chandler v. Crosby

454 F. Supp. 2d 1137, 2006 U.S. Dist. LEXIS 8258, 2006 WL 305918

District Court, M.D. Florida | Filed: Feb 8, 2006 | Docket: 2451620

Cited 1 times | Published

evidence of a similar crime admitted pursuant to Fla. Stat. 90.404(2)(a) (hereinafter the "Williams Rule");[2]

James v. State

901 So. 2d 212, 2005 WL 765462

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1666217

Cited 1 times | Published

State, 110 So.2d 654 (Fla.1959), codified as § 90.404, Fla. Stat. (2002).

Sipple v. State

894 So. 2d 1088, 2005 WL 562661

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 2577654

Cited 1 times | Published

offered by the State was improperly admitted. See § 90.404(2)(a), Fla. Stat. (2004). Given the jury's findings

Kittles v. State

897 So. 2d 517, 2005 WL 475341

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1735355

Cited 1 times | Published

noon is not a "crime" within the meaning of section 90.404(2)(a), Florida Statutes (2002). Loitering and

Izquierdo v. State

890 So. 2d 1263, 2005 WL 119552

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1690388

Cited 1 times | Published

that the State failed to give notice under section 90.404(2)(c)1., Florida Statutes (2004). This argument

Johnson v. State

890 So. 2d 432, 2004 WL 3000845

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1690350

Cited 1 times | Published

See Williams v. State, 110 So.2d 654 (Fla.1959); § 90.404, Fla. Stat.

Vincent v. State

885 So. 2d 963, 2004 WL 2451758

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1286834

Cited 1 times | Published

evidence of other crimes, wrongs, or acts. See § 90.404(2)(c)1., Fla. Stat. (2003). The State sought to

Torres v. State

834 So. 2d 342, 2003 Fla. App. LEXIS 90, 2003 WL 47078

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 64819858

Cited 1 times | Published

than propensity or bad character. See Fla. Stat. § 90.404(2)(a)(2002). See also Williams v. State, 110 So

Franklin v. State

825 So. 2d 487, 2002 WL 1990761

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1312202

Cited 1 times | Published

acted in conformity with that character trait, section 90.404(1), Florida Statutes, and similar fact evidence

Bell v. State

798 So. 2d 47, 2001 WL 1231476

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809688

Cited 1 times | Published

identity, or absence of mistake or accident.” § 90.404(2), Fla. Stat. (1999). The evidence of the physical

Johnson v. State

796 So. 2d 1196, 2001 Fla. App. LEXIS 13167, 2001 WL 1093033

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 64809349

Cited 1 times | Published

Williams v. State, 110 So.2d 654 (Fla.1959); § 90.404(2), Fla. Stat. (1999). Resolution of this issue

Miller v. State

791 So. 2d 1165, 2001 Fla. App. LEXIS 10337

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64807577

Cited 1 times | Published

1959); see also § 90.402, Fla. Stat. (1999). Section 90.404(2), Florida Statutes (1999), provides: (2)

State v. Famiglietti

817 So. 2d 915, 2001 WL 717652

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 1429666

Cited 1 times | Published

to introduce this prior violence by way of section 90.404(2)(a), Florida Statutes (2001), the so-called

Drayton v. State

763 So. 2d 522, 2000 WL 1021543

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 1681906

Cited 1 times | Published

Nordelo v. State, 603 So.2d 36 (Fla. 3d DCA 1992); § 90.404(2)(a), Fla. Stat. (1993); see generally Ehrhardt

Hebel v. State

765 So. 2d 143, 2000 Fla. App. LEXIS 7846, 2000 WL 801153

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64799684

Cited 1 times | Published

incident was properly admitted pursuant to section 90.404(2)(a), Florida Statutes (1997). We conclude

Gutierrez v. State

747 So. 2d 429, 1999 WL 1191445

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1738993

Cited 1 times | Published

offer Williams[1] rule evidence *433 under section 90.404(2)(a), Florida Statutes (1985).[2] The court

Griffith v. State

723 So. 2d 860, 1998 WL 827753

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 1693514

Cited 1 times | Published

" The Williams rule[1] has been codified at section 90.404(2)(a), Florida Statutes (1997), and reads as

Evans v. State

723 So. 2d 855, 1998 WL 821785

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1693573

Cited 1 times | Published

to show bad character or criminal propensity. § 90.404(2)(a), Fla.Stat. (1997); Williams v. State, 110

Adside v. State

722 So. 2d 228, 1998 WL 777451

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1669252

Cited 1 times | Published

to use similar fact evidence as required by section 90.404(2)(b)1, of the Florida Statutes (1995).[4]

Leverett v. State

696 So. 2d 519, 1997 WL 373826

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1696250

Cited 1 times | Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (1993); see also Williams v

Mudd v. State

638 So. 2d 124, 1994 WL 241741

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 472688

Cited 1 times | Published

Williams v. State, 110 So.2d 654 (Fla. 1959); § 90.404(2)(a), Fla. Stat. (1991). The evidence of the

Hall v. State

634 So. 2d 1124, 1994 WL 115278

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 1737869

Cited 1 times | Published

not put at issue by the defense. Pursuant to section 90.404(1)(b), Florida Statutes (1987), the state can

Estano v. State

595 So. 2d 973, 1992 WL 36300

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 1708979

Cited 1 times | Published

1st DCA 1980). Evidence is admissible under section 90.404(2), Florida Statutes, to show intent, which

McGuire v. State

584 So. 2d 89, 1991 WL 134864

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 2555604

Cited 1 times | Published

admission of this testimony was reversible error. § 90.404(2)(a), Fla. Stat. (1990). Here, even though the

Barnes v. State

562 So. 2d 729, 15 Fla. L. Weekly Fed. D 1201

District Court of Appeal of Florida | Filed: May 1, 1990 | Docket: 1674767

Cited 1 times | Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2), Fla. Stat. (1989). When this request was denied

Davis v. State

537 So. 2d 1061, 1989 WL 2068

District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 483193

Cited 1 times | Published

witnesses to depose. The notice was timely under Section 90.404(2)(b)1, Florida Statutes (1987),[1] and the

Ables v. State

506 So. 2d 1150, 12 Fla. L. Weekly 1194

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336736

Cited 1 times | Published

that she had her hand on his "private parts." Section 90.404(2)(a), Florida Statutes (1985), provides: Similar

Hickox v. State

492 So. 2d 744, 11 Fla. L. Weekly 1661

District Court of Appeal of Florida | Filed: Jul 31, 1986 | Docket: 478313

Cited 1 times | Published

to use such evidence as required by statute, Section 90.404(2)(b)1., Florida Statutes (1985). Appellant

Larkin v. State

474 So. 2d 1282, 10 Fla. L. Weekly 2116

District Court of Appeal of Florida | Filed: Sep 11, 1985 | Docket: 1471531

Cited 1 times | Published

robbery because the notice of intent required by section 90.404(2)(b)1 (1983) described only the robbery and

In the Interest of S.C. v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565, 1985 Fla. App. LEXIS 14867

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612870

Cited 1 times | Published

similar wrongdoing to show propensity. See Section 90.404(2)(a), Florida Statutes (1983). This ground

Adkins v. State

448 So. 2d 1096

District Court of Appeal of Florida | Filed: Mar 28, 1984 | Docket: 1523128

Cited 1 times | Published

Code has not changed the law in this respect. Section 90.404(1)(b)(1) provides: (1) Character evidence generally

Atoya Holmes v. the State of Florida

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513843

Published

is solely to prove bad character or propensity. § 90.404(2), Fla. Stat. (2023). At the same time, a criminal

Suiter v. State of Florida

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807055

Published

So. 2d 312, 326 (Fla. 2007))). Under section 90.404(2)(a), Florida Statutes (2023), [s]imilar

Peterson v. State of Florida

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69511530

Published

The Williams rule is captured in section 90.404(2), Florida Statutes, which makes similar fact

Paylan v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455110

Published

put Paylan's intent squarely at issue. See § 90.404(2)(d)1, Fla. Stat. (2012) ("No notice is

Gianino v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435171

Published

bearing on any matter to which it is relevant.” § 90.404(2)(b)(1), Fla. Stat.; see also Wood v. State,

Zachary Nathaniel Music v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435431

Published

3d 248, 251 (Fla. 4th DCA 2011) (quoting § 90.404(2)(a), Fla. Stat.). “In determining the admissibility

State of Florida v. Logan Ryan Riggleman

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404294

Published

penis and touching his testicles. Pursuant to section 90.404(2)(b), the State filed an amended notice of

Eduardo Acosta v. the State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347464

Published

at least in part, politically motivated. See § 90.404, Fla. Stat. (2024) (“Similar fact evidence of

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

evidence did not become a feature of the trial. See § 90.404(d)2., Fla. Stat. (2023) (“When the evidence is

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Sep 19, 2024 | Docket: 68934023

Published

non-responsive statement was objectionable, see § 90.404(2)(a), Fla. Stat. (2018), but in context was

Lisandra Soto Gutierrez v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68313038

Published

evidence of other conduct, which, pursuant to section 90.404(2)(a), Florida Statutes, is similar to the

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Jul 11, 2024 | Docket: 68934023

Published

non-responsive statement was objectionable, see § 90.404(2)(a), Fla. Stat. (2018), but in context was

Doug Cantrel Heath v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867372

Published

governed by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by

DC Tyrone Atkins, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848314

Published

the pertinent provision of the Evidence Code, section 90.404 of the Florida Statutes; and explained that

MICHAEL R. JACKSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68366463

Published

evidence of other crimes, wrongs, or acts under section 90.404, Florida Statutes. The other crime was a sexual

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68411312

Published

given was an accurate statement of the law. See § 90.404(2)(b)1 ("In a criminal case in which the

Ruben Christopher Goodson v. State of Florida

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165709

Published

unnoticed collateral crime evidence pursuant to section 90.404(2)(d)1., Florida Statutes. We review the trial

D.M.T., A JUVENILE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 5, 2023 | Docket: 67557710

Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2022). But collateral crimes

PHILIP GROSS GILLIG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833843

Published

introduce collateral crime evidence pursuant to section 90.404(2)(a), Florida Statutes (2021), which permits

Layton Todd Mizell v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365633

Published

argued that this evidence was barred under section 90.404, Florida Statutes (2018), as an impermissible

THE STATE OF FLORIDA v. MICHAEL CLAYTON WOODRUFF

District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654630

Published

necessary to explain the charges. See, e.g., § 90.404(2)(a), Fla. Stat.4 After an evidentiary hearing

ELIJAH BANKSTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618244

Published

character evidence showing a prior bad act. See § 90.404(2)(a), Fla. Stat. (2019) (“Similar fact evidence

Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Oct 21, 2021 | Docket: 60663528

Published

inadmissible collateral crime evidence under section 90.404(2), Florida Statutes (2010), because it was

JOHN FESH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496864

Published

State, 110 So. 2d 654 (Fla. 1959)); see also § 90.404(2), Fla. Stat. (2019). Indeed, in cases

Christian Cruz v. State of Florida

Supreme Court of Florida | Filed: Jul 1, 2021 | Docket: 60030997

Published

testimony was relevant to this issue of motive. § 90.404(2)(a), Fla. Stat. (2019) (“Similar fact evidence

MICHAEL D. JONES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936582

Published

Other Crimes, Wrongs, or Acts under Section 90.404(2), Florida Statutes Appellant

MARLON TERRANCE MURPHY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882185

Published

character evidence. See § 794.022(2), Fla. Stat.; § 90.404, Fla. Stat.; § 90.402, Fla. Stat.; § 90.610,

SAMUEL WRIGHT v. State

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699893

Published

Florida Legislature codified this Rule in section 90.404(2)(a), Florida Statutes: (2)

DONTRELL POSEY v. State

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102116

Published

So. 2d 654, 662 (Fla. 1959) is codified in section 90.404(2)(a) of the Florida Statutes, as follows:

CLAYTON JOHNSON v. State

District Court of Appeal of Florida | Filed: Nov 18, 2020 | Docket: 18642909

Published

HENDON, JJ. PER CURIAM. Affirmed. See § 90.404(2) (a), Fla. Stat. (2018) ( providing that “[s]imilar

JOSE REYNA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479791

Published

offer Williams 1 rule evidence pursuant to section 90.404(2)(c), Florida Statutes (2015). The state sought

JACKSON PRIDEMORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 5, 2020 | Docket: 17415844

Published

and convincing evidence and admissible under section 90.404(2)(b). The court noted that the prior victim

HENRY LEE JONES, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195211

Published

character and propensity to commit crime. Section 90.404(2)(a), Florida Statutes (2019), sets forth

GARY TIMOTHY KITCHINGS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 12, 2020 | Docket: 16834860

Published

scheme or plan to justify its admission under section 90.404(2), Florida Statutes (2018). M.R.’s Deposition

MICHAEL MANN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280854

Published

sufficiently similar to be introduced under section 90.404(2)(a), Florida Statutes (2014), the requirements

STATE OF FLORIDA v. ROBERT LINCOLN

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243972

Published

applying a standard that was abrogated by section 90.404(2)(b), Florida Statutes (2001). This would

Travis R. Brown v. State of Florida

District Court of Appeal of Florida | Filed: Aug 22, 2019 | Docket: 16095932

Published

v. State, 110 So. 2d 654 (Fla. 1959); see also § 90.404(2)(a), Fla. Stat. (allowing the admission of evidence

Thelma Denise Lowery v. State of Florida

District Court of Appeal of Florida | Filed: Jun 20, 2019 | Docket: 15808740

Published

656 (Fla. 1959), and was later codified by section 90.404, Florida Statutes, states: Similar fact

Bernard Cooley v. State of Florida

273 So. 3d 258

District Court of Appeal of Florida | Filed: May 28, 2019 | Docket: 15682022

Published

v. State, 117 So. 2d 473 (Fla. 1960); see also § 90.404(2)(b)1., Fla. Stat. As to the custodial- interrogation

State v. Knowles

265 So. 3d 733

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706658

Published

The State timely filed a notice pursuant to section 90.404(2)(b), Florida Statutes (2012), of its intent

State v. Knowles

265 So. 3d 733

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706659

Published

The State timely filed a notice pursuant to section 90.404(2)(b), Florida Statutes (2012), of its intent

Christopher Wade v. State of Florida

265 So. 3d 677

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545180

Published

bearing on any matter to which it is relevant.” § 90.404(2)(c)1., Fla. Stat. (2015). Here, it was certainly

Samuel Pitts v. State of Florida

263 So. 3d 834

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534770

Published

evidence would be introduced “pursuant to Florida Statute 90.404(2)” for purposes of “prov[ing] a material

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64713518

Published

2d 1191, 1193 (Fla. 2d DCA 1980) ) ); see also § 90.404(2)(a), Fla. Stat. (2016). The prejudicial impact

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64713518

Published

2d 1191, 1193 (Fla. 2d DCA 1980) ) ); see also § 90.404(2)(a), Fla. Stat. (2016). The prejudicial impact

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64713517

Published

2d 1191, 1193 (Fla. 2d DCA 1980) ) ); see also § 90.404(2)(a), Fla. Stat. (2016). The prejudicial impact

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

271 So. 3d 914

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339

Published

governed by the requirements and limitations of section 90.404, [Florida Statutes (2004) ]," id.

M.P. v. State

259 So. 3d 938

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 64699478

Published

to rely on an uncharged crime, pursuant to section 90.404(2)(a) and (d), Florida Statutes (2018), arguing

M.P. v. State

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221177

Published

to rely on an uncharged crime, pursuant to section 90.404(2)(a) and (d), Florida Statutes (2018), arguing

Anthony Lamar Simmons v. State of Florida

257 So. 3d 1121

District Court of Appeal of Florida | Filed: Oct 15, 2018 | Docket: 8030107

Published

solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2016). Before introducing

James A. Taylor v. State

256 So. 3d 950

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989227

Published

referred to as a “Williams Rule” 1 notice under section 90.404(2)(a), Florida Statutes (2017), providing

James A. Taylor v. State

256 So. 3d 950

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989227

Published

referred to as a “Williams Rule” 1 notice under section 90.404(2)(a), Florida Statutes (2017), providing

Terry G. Trussell v. State of Florida

256 So. 3d 935

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7740512

Published

3 evidence in violation of § 90.404(b), but the trial court overruled the objection

PATRICK ROBERTS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7589216

Published

crimes or wrongs in certain circumstances. See also § 90.404(2), Fla. Stat. (2009) (containing both a provision

Nicholas Rivet v. State of Florida

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7510525

Published

as the Williams rule, has been codified in section 90.404(2), Florida Statutes. Id. Under that rule,

Felice John Veach v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386601

Published

1959). 3 § 90.404(2)(a), Fla. Stat. (2016). Thus, the trial court’s

Jason Don Thompson v. State of Florida

237 So. 3d 1160

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300933

Published

was introduced as similar-act evidence under section 90.404(2)(b), Florida Statutes (2015). We conclude

Hyre v. State

240 So. 3d 47

District Court of Appeal of Florida | Filed: Jan 19, 2018 | Docket: 64675473

Published

State, 110 So.2d 654 (Fla. 1959) (codified in section 90.404(2), Florida Statutes ). Hyre was not the

Vahtiece Alfonzo Kirkman v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259324

Published

Criminal Offenses (Williams14 Rule Evidence) under section 90.404(2), Florida Statutes (2015), proposing to

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236460

Published

State filed a Williams rule notice pursuant to section 90.404(2)(d)(1), Florida Statutes (2015). The trial

Foster v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6238218

Published

State filed a Williams rule notice pursuant to section 90.404(2)(d)(1), Florida Statutes (2015). The trial

DARNELL RAZZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232652

Published

839 So. 2d 807, 810 (Fla. 4th 2003); see also § 90.404(2)(a), Fla. Stat. (2016). 2 However, even if the

Kirkland-Williams v. State

230 So. 3d 580

District Court of Appeal of Florida | Filed: Nov 3, 2017 | Docket: 6185392

Published

propensity to hurt children. We disagree. Section 90.404(2)(a), Florida Statutes (2011), provides that

DONOVAN JONATHAN TILLMAN v. STATE OF FLORIDA

247 So. 3d 523

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142275

Published

confessed in his statement to the detective. Under section 90.404(2)(b), Florida Statutes (2013), and McLean

Freeman Crosby v. State

222 So. 3d 629, 2017 Fla. App. LEXIS 9121, 2017 WL 2729867

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6082872

Published

of mistake or accident. Id. at 291-92 (citing § 90.404(2)(a), Fla. Stat. (2000)). Collater *632

Gilchrease v. State

219 So. 3d 264, 2017 WL 2265371, 2017 Fla. App. LEXIS 7515

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065463

Published

the defendant’s propensity to commit a crime. § 90.404(2)(a), Fla. Stat; (2015). Here, evidence of the

Steven Anthony Cozzie v. State of Florida

225 So. 3d 717, 42 Fla. L. Weekly Supp. 579, 2017 WL 1954976, 2017 Fla. LEXIS 1063

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060821

Published

wrongs, or acts that has since been codified in section 90.404(2)(a), Florida Statutes). . Because MSB was

Elijah Brookins v. State of Florida

228 So. 3d 31, 2017 WL 1409664

Supreme Court of Florida | Filed: Apr 20, 2017 | Docket: 4922805

Published

introduce this collateral crime evidence under section 90.404(2), Florida Statutes. Brookins filed a motion

Styles v. State

217 So. 3d 1042, 2017 WL 1403619, 2017 Fla. App. LEXIS 5361

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265611

Published

conformity with it on a particular occasion.” § 90.404(1), Fla. Stat. (2015). However, “evidence of a

Thomas R. Lamb v. State

212 So. 3d 1108, 2017 Fla. App. LEXIS 3200

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4618888

Published

So.2d 654 (Fla. 1959); see also § 90.404(2)(a), Fla. Stat. (2008). 5 . The

& SC13-2422 Gerhard Hojan v. State of Florida & Gerhard Hojan v. Julie L. Jones, etc.

212 So. 3d 982

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577417

Published

So. 2d 654 (Fla. 1959) has been codified in section 90.404, Florida Statutes. Similar fact evidence

Solomon v. State

206 So. 3d 822, 2016 Fla. App. LEXIS 18458

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556058

Published

is not subject to the notice requirements of section 90.404(2)(c), Florida Statutes (2014). See Tripoli

Vasquez-Gomez v. State

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469189

Published

State, 110 So. 2d 654 (Fla. 1959), codified at section 90.404(2)(a), Fla. Stat. (2013). However, some of

McCuin v. State

198 So. 3d 1066, 2016 Fla. App. LEXIS 12561, 2016 WL 4396030

District Court of Appeal of Florida | Filed: Aug 18, 2016 | Docket: 60256394

Published

suggest bad character or a criminal propensity. See § 90.404(2)(a), Fla. Stat. The State opposed the motion

Felder v. State

198 So. 3d 951, 2016 Fla. App. LEXIS 11826, 2016 WL 4150223

District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 4117428

Published

introduction of such evidence would be contrary to section 90.404 of the Florida Evidence Code.” (Emphasis added

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

evidence offered by the defense pursuant to section 90.404(2), Florida Statutes. See Rivera v. State,

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

evidence offered by the defense pursuant to section 90.404(2), Florida Statutes. See Rivera v. State,

Cass v. State

190 So. 3d 1105, 2016 Fla. App. LEXIS 3742, 2016 WL 920192

District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3044941

Published

charges against him. This was wholly improper. See § 90.404(2)(a) (excluding evidence of other acts when offered

Harrigan v. State

184 So. 3d 657, 2016 Fla. App. LEXIS 1805, 2016 WL 517427

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035169

Published

2007 crime involving the defendant pursuant to section 90.404(2)(a) of the Florida Statutes and Williams

Jonathan D. Walker v. State of Florida

180 So. 3d 1154, 2015 Fla. App. LEXIS 18415, 2015 WL 8294774

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019344

Published

solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2014). “The test of inadmissibility

& SC13-2422 Gerhard Hojan v. State of Florida and Gerhard Hojan v. Julie L. Jones, etc.

Supreme Court of Florida | Filed: Sep 3, 2015 | Docket: 2699988

Published

2d 654 (Fla. 1959), has been codified in section 90.404, Florida Statutes:

Cotton v. State

176 So. 3d 310, 2015 Fla. App. LEXIS 12718, 2015 WL 5023063

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687686

Published

Williams rule notice pursuant to section 90.404(2)(b)-(d), indicating its intent to introduce

JOHN D. SMITH, JR. v. State of Florida

170 So. 3d 124, 2015 Fla. App. LEXIS 9981, 2015 WL 3986149

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2670573

Published

19 So.3d 277, 291-92 (Fla.2009) (citing § 90.404(2)(a), Fla. Stat. (2000)). See also Jackson

Antarus Manche Jackson v. State of Florida

166 So. 3d 195

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663948

Published

solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2014). The United States Supreme

Carlos Roman v. State of Florida

165 So. 3d 723, 2015 Fla. App. LEXIS 7623, 2015 WL 2393275

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679336

Published

State, 561 So.2d 536, 539 (Fla.1990) (citing § 90.404(2)(a), Fla. Stat. (1985)). There are different

Victoria Teresa Jacobs a/k/a Victoria Teresa Rubin v. Atlantic Coast Refining, Inc. d/b/a ACR Industries

165 So. 3d 714, 2015 Fla. App. LEXIS 7071, 2015 WL 2214140

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679343

Published

solely to prove bad character or propensity. § 90.404(2)(a), Florida Statutes (2013). “To be relevant

Victoria Teresa Jacobs a/k/a Victoria Teresa Rubin v. Atlantic Coast Refining, Inc. d/b/a ACR Industries

165 So. 3d 714, 2015 Fla. App. LEXIS 7071, 2015 WL 2214140

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679343

Published

solely to prove bad character or propensity. § 90.404(2)(a), Florida Statutes (2013). “To be relevant

Jose Luis Lopez v. State of Florida

169 So. 3d 143, 2015 Fla. App. LEXIS 6719, 2015 WL 2089068

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2679359

Published

statement of the law and, as such, erroneous. Section 90.404(2)(a), Florida Statutes (2011), allows for

Andre T. Joseph v. State

153 So. 3d 992, 2015 Fla. App. LEXIS 161, 2015 WL 71810

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621577

Published

constitute similar fact evidence admissible under section 90.404(2), Florida Statutes (2012). See Griffin

Andre T. Joseph v. State

153 So. 3d 992, 2015 Fla. App. LEXIS 161, 2015 WL 71810

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621577

Published

constitute similar fact evidence admissible under section 90.404(2), Florida Statutes (2012). See Griffin

Leaustin Barnett v. State

151 So. 3d 61, 2014 Fla. App. LEXIS 18393, 2014 WL 5834800

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595479

Published

733 (Fla.2013). 2 Pursuant to section 90.404(2)(a), Florida Statutes: Similar fact

Stewart v. State

147 So. 3d 119, 2014 Fla. App. LEXIS 13089, 2014 WL 4114339

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243117

Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2010). As an initial matter

Manuel Alexandra Peralta- Morales v. State of Florida

143 So. 3d 483, 2014 WL 3734230, 2014 Fla. App. LEXIS 11605, 39 Fla. L. Weekly Fed. D 1589

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 368850

Published

533 So.2d 270, 275 (Fla.1988). Under section 90.404(2)(b)l., Florida Statutes (2010), “[i]n a criminal

Kyne v. State

141 So. 3d 759, 2014 WL 3377076, 2014 Fla. App. LEXIS 10607

District Court of Appeal of Florida | Filed: Jul 11, 2014 | Docket: 60242031

Published

use evidence of prior bad acts as required by section 90.404(2)(d), Florida Statutes (2012). In turn, the

Keyne v. State

District Court of Appeal of Florida | Filed: Jul 11, 2014 | Docket: 378012

Published

use evidence of prior bad acts as required by section 90.404(2)(d), Florida Statutes (2012). In turn, the

Darious Wilcox v. State of Florida

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400988

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes.” However, the rule does

In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220

140 So. 3d 538, 39 Fla. L. Weekly Supp. 358, 2014 WL 2579634, 2014 Fla. LEXIS 1742

Supreme Court of Florida | Filed: May 29, 2014 | Docket: 57703

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

State v. Fernandez

141 So. 3d 1211, 2014 Fla. App. LEXIS 7693, 2014 WL 2118082

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241761

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes.... [[Image here]] (B)

Loureiro v. State

133 So. 3d 948, 2013 WL 5538815, 2013 Fla. App. LEXIS 15909

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60238977

Published

State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Section 90.404, Florida Statutes (2001), provides that evidence

Zuniga v. State

121 So. 3d 640, 2013 WL 4822212, 2013 Fla. App. LEXIS 14450

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60234474

Published

admission of prior bad acts, inadmissible under section 90.404(2), Florida Statutes (2010). We agree. In Armstrong

Grace v. State

122 So. 3d 417, 2013 WL 4727479, 2013 Fla. App. LEXIS 14116

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234682

Published

evidence without providing ten days’ notice under section 90.404(2)(d)l., Florida Statutes (2012). The collateral

McCullum v. State

117 So. 3d 1162, 2013 WL 2395079, 2013 Fla. App. LEXIS 8764

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60232564

Published

criminal prosecutions for child molestation, section 90.404(2)(b), Florida Statutes, permits the use of

Nunez v. State

109 So. 3d 890, 2013 WL 1222940, 2013 Fla. App. LEXIS 4911

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60229862

Published

upon other crimes, wrongs or acts, pursuant to section 90.404(2)(d), Florida Statutes (2010), which requires

Correll v. Secretary, Department of Corrections

932 F. Supp. 2d 1257, 2013 WL 1149321, 2013 U.S. Dist. LEXIS 37818

District Court, M.D. Florida | Filed: Mar 19, 2013 | Docket: 65989740

Published

violated Florida’s Williams rule,14 codified at Section 90.404, Florida Statutes, which precludes the admissibility

In re Amendments to Florida Rule of Criminal Procedure 3.220

105 So. 3d 1275, 37 Fla. L. Weekly Supp. 784, 2012 Fla. LEXIS 2672, 2012 WL 6619341

Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60227785

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Velcofski v. State

96 So. 3d 1069, 2012 WL 3822157, 2012 Fla. App. LEXIS 14852, 37 Fla. L. Weekly Fed. D 2131

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311413

Published

a propensity to commit the crime charged. See § 90.404, Fla. Stat. (2009) (“Evidence of a person’s character

Gale v. State

93 So. 3d 508, 2012 WL 3022653, 2012 Fla. App. LEXIS 12091

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60310622

Published

acted in conformity with that character trait, section 90.404(1), Florida Statutes (2009), and some factual

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

therefore, inadmissible under Florida Statutes § 90.404(2)(A) (id.). He further argues that even if the

Tartarini v. State

84 So. 3d 1185, 2012 WL 1109130, 2012 Fla. App. LEXIS 5165

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60306619

Published

intent to use similar fact evidence pursuant to section 90.404(2)(b), Florida Statutes, and thus “the matter

Holland v. Tucker

854 F. Supp. 2d 1229, 2012 WL 1193294, 2012 U.S. Dist. LEXIS 46834

District Court, S.D. Florida | Filed: Apr 3, 2012 | Docket: 65980460

Published

in conformity with it on a particular occasion. § 90.404(1), Fla. Stat. (2004). However, when a claim of

Barnes v. State

80 So. 3d 1117, 2012 Fla. App. LEXIS 3254, 2012 WL 633897

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 2415056

Published

filed notice of other prior acts as required by section 90.404(2), Florida Statutes. The state asserted that

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

87 So. 3d 679, 2012 WL 399879

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308030

Published

OTHER CRIMES, WRONGS, OR ACTS “WILLIAMS RULE” § 90.404(2)(a) Fla. Stat. To be given at the close of

Ballard v. McNeil

785 F. Supp. 2d 1299, 2011 U.S. Dist. LEXIS 31527, 2011 WL 1103888

District Court, N.D. Florida | Filed: Mar 25, 2011 | Docket: 2015035

Published

solely to prove bad character or propensity. See § 90.404(2)(a), Fla. Stat. (2003). However, for such evidence

Aguiluz v. State

43 So. 3d 800, 2010 Fla. App. LEXIS 12187, 2010 WL 3239143

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 60295482

Published

address the majority’s improper reliance on section 90.404(2)(a), Florida Statutes (2006), which codifies

Harris v. State

34 So. 3d 187, 2010 Fla. App. LEXIS 6228, 2010 WL 1793128

District Court of Appeal of Florida | Filed: May 6, 2010 | Docket: 1642090

Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2008). The State does not deny

Barco v. State

34 So. 3d 140, 2010 Fla. App. LEXIS 5253

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 60289984

Published

PER CURIAM. Affirmed. See § 90.404(l)(a), Fla. Stat. (2001); State v. DiGuilio, 491 So.2d 1129 (Fla

Barco v. State

34 So. 3d 140, 2010 Fla. App. LEXIS 5253

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 60289984

Published

PER CURIAM. Affirmed. See § 90.404(l)(a), Fla. Stat. (2001); State v. DiGuilio, 491 So.2d 1129 (Fla

BARCO v. State

34 So. 3d 140, 2010 WL 1565412

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 294469

Published

SHEPHERD, and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 90.404(1)(a), Fla. Stat. (2001); State v. DiGuilio, 491

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

State, 947 So.2d 702, 704 (Fla. 5th DCA 2007). Section 90.404(2)(b)l., Florida Statutes (2006), broadens

Cotton v. State

22 So. 3d 638, 2009 Fla. App. LEXIS 15570, 2009 WL 3277801

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 60267086

Published

Fla. Stat. The Williams Rule, now codified in section 90.404(2)(a), provides that in a criminal proceeding

Milton v. State

19 So. 3d 1143, 2009 Fla. App. LEXIS 15554, 2009 WL 3278722

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651414

Published

concededly an impermissible purpose under section 90.404(2)(a), Florida Statutes (2007). In order to

Kuiken v. State

16 So. 3d 875, 2009 Fla. App. LEXIS 8542, 2009 WL 1766711

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 2575706

Published

State, 982 So.2d 1272 (Fla. 3d DCA 2008). See also § 90.404(2)(a), Fla. Stat. (2006).

Leland v. State

7 So. 3d 616, 2009 Fla. App. LEXIS 2725, 2009 WL 875828

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 527373

Published

another alleged crime, wrong, or act, pursuant to section 90.404(2)(b)(1), Florida Statutes (2006). The evidence

GAEDTKE v. McNeil

612 F. Supp. 2d 1209, 2009 U.S. Dist. LEXIS 29093, 2009 WL 800135

District Court, M.D. Florida | Filed: Mar 25, 2009 | Docket: 2361666

Published

Gaedtke's two stepdaughters. See Fla. Evid.Code § 90.404(2)(b) ("In a criminal case in which the defendant

Walker v. State

990 So. 2d 1119, 2008 WL 2986496

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1292836

Published

rule evidence that was presented at trial. Section 90.404(2)(a), Florida Statutes (2005), provides for

Oyibo v. State

980 So. 2d 601, 2008 Fla. App. LEXIS 6942, 2008 WL 1930042

District Court of Appeal of Florida | Filed: May 5, 2008 | Docket: 64854702

Published

because it relates to character according to section 90.404(2)(a), Florida Statutes (2003), but because

Garcia v. State

974 So. 2d 1154, 2008 WL 372935

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1717821

Published

intent to offer Williams *1156 Rule evidence, see § 90.404(2)(c)1, Fla. Stat. (2006), as was the ruling of

Burnett v. State

973 So. 2d 1203, 2008 Fla. App. LEXIS 419, 2008 WL 142095

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853867

Published

admissible pursuant to section 90.404(2)(a) or (b), Florida Statutes (2001).2 Section 90.404(2)(a) provides for

Bailey v. State

968 So. 2d 97, 2007 WL 4124294

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1497548

Published

1959), for which notice must be given under section 90.404(2)(c)1, Florida Statutes (2002), which provides:

McNabb v. State

967 So. 2d 1086, 2007 Fla. App. LEXIS 18053, 2007 WL 3342218

District Court of Appeal of Florida | Filed: Nov 13, 2007 | Docket: 64853033

Published

other as similar fact evidence pursuant to section 90.404(2)(a), Florida Statutes, the trial court further

BALFE v. State

966 So. 2d 1018, 2007 WL 3033399

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 142404

Published

v. State, 961 So.2d 1088 (Fla. 5th DCA 2007); § 90.404(2)(b), Fla. Stat. Accordingly, we affirm the defendant's

Robinson v. State

963 So. 2d 254, 2007 Fla. App. LEXIS 7161, 2007 WL 1372658

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64851848

Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(c)1, Fla. Stat. (2005) (requiring state to

Hoffman v. State

953 So. 2d 643, 2007 Fla. App. LEXIS 4532, 2007 WL 910383

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64850075

Published

784; Seabrook, 348 So.2d at 664. Moreover, section 90.404(1)(a), Florida Statutes (2002), specifically

Jackson v. State

947 So. 2d 480, 2006 Fla. App. LEXIS 18696, 2006 WL 3209922

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 64848690

Published

We agree. We are mindful that pursuant to section 90.404(1), Florida Statutes (2004), evidence of a

Arroliga v. State

928 So. 2d 519, 2006 Fla. App. LEXIS 7697, 2006 WL 1330007

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 64844591

Published

bearing on any matter to which it is relevant. § 90.404(2)(b)l., Fla. Stat. (2005). The evidence of the

Strawder v. State

929 So. 2d 1102, 2006 Fla. App. LEXIS 6689, 2006 WL 1168682

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 64844782

Published

identity, or absence of mistake or accident. See § 90.404(2)(a), Fla. Stat. (2004); see *1104also Robertson

Parker v. State

922 So. 2d 336, 2006 Fla. App. LEXIS 2444, 2006 WL 407152

District Court of Appeal of Florida | Filed: Feb 23, 2006 | Docket: 64842604

Published

other crimes, wrongs or acts, as proscribed by section 90.404 of the Florida Evidence Code, can present a

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

“bad character” or “propensity,” prohibited by Section 90.404, Florida Statutes. Similarly here, as noted

Valley v. State

919 So. 2d 697, 2006 Fla. App. LEXIS 1150, 2006 WL 229985

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 64842084

Published

a.k.a. Williams1 rule evidence, pursuant to section 90.404, Florida Statutes. The State wished to introduce

In re Amendments to the Florida Rules of Criminal Procedure

900 So. 2d 528, 30 Fla. L. Weekly Supp. 244, 2005 Fla. LEXIS 615, 2005 WL 774834

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 64837890

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

A.K. v. State

898 So. 2d 1112, 2005 Fla. App. LEXIS 4365, 2005 WL 714046

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837451

Published

the accused’s bad character. Florida Statutes § 90.404 (2003) provides in pertinent part: (1) Character

Batten v. State

895 So. 2d 490, 2005 Fla. App. LEXIS 1389, 2005 WL 320663

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 64836441

Published

known as the Williams rule, is codified at section 90.404(2)(a), Florida Statutes (2002). That section

Conley v. State

888 So. 2d 163, 2004 WL 2787073

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1697237

Published

allowing the introduction of evidence under section 90.404(2)(a), Florida Statutes, which provides: Similar

Whittey v. State

889 So. 2d 898, 2004 Fla. App. LEXIS 18549, 2004 WL 3024548

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64835153

Published

PER CURIAM. Whittey’s challenges to section 90.404(b)(2), Florida Statutes (2003), and the jury instruction

Turben v. State

884 So. 2d 1157, 2004 Fla. App. LEXIS 16081, 2004 WL 2402464

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 64833680

Published

to circumvent the procedural requirement of section 90.404(2)(b)(l), which requires pretrial notice to

State v. Andrews

875 So. 2d 686, 2004 Fla. App. LEXIS 7736, 2004 WL 1196602

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64831101

Published

prejudicial. The Williams Rule is codified at section 90.404(2)(a), and provides: Similar fact evidence

Cox v. State

869 So. 2d 1258, 2004 Fla. App. LEXIS 5233, 2004 WL 784410

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64829563

Published

collateral crime. We disagree. Pursuant to section 90.404(2)(a), Florida Statutes (2000), “[s]imilar

Hackett v. State

869 So. 2d 672, 2004 Fla. App. LEXIS 4309, 2004 WL 689220

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829190

Published

the date of the alleged crimes in this case, section 90.404, Florida Statutes, was amended, and, to the

Gilbert v. State

868 So. 2d 1282, 2004 Fla. App. LEXIS 4297, 2004 WL 689362

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829086

Published

to warrant admission of Laseer’s testimony. See § 90.404(2)(a) Fla. Stat. (2001); Holland v. State, 466

Orick v. State

863 So. 2d 463, 2004 Fla. App. LEXIS 388, 2004 WL 86181

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827496

Published

judge’s decision to admit evidence pursuant to section 90.404(2), Florida Statutes, was well within the judge’s

Cousin v. State

859 So. 2d 577, 2003 Fla. App. LEXIS 17719, 2003 WL 22734827

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826493

Published

admissible in a trial on the second set of crimes. See § 90.404(2), Fla. Stat. (“evidence of other crimes, wrongs

Dean v. State

843 So. 2d 926, 2003 Fla. App. LEXIS 3787, 2003 WL 1386705

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 64822522

Published

admissibility of character evidence is governed by section 90.404, Florida Statutes (2002). Generally, evidence

Cardona v. State

835 So. 2d 297, 2002 Fla. App. LEXIS 18700, 2002 WL 31840701

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 64820058

Published

court’s interpretation of evidence admitted under section 90.404(2)(a). Robertson v. State, 780 So.2d 106 (Fla

Roberts v. State

829 So. 2d 350, 2002 Fla. App. LEXIS 15892, 2002 WL 31431512

District Court of Appeal of Florida | Filed: Nov 1, 2002 | Docket: 64818609

Published

inadmissible evidence of collateral crimes. See § 90.404(2)(a), Fla. Stat. (2000). The evidence of the

City of Miami v. Post-Newsweek Stations Florida, Inc.

837 So. 2d 1002, 31 Media L. Rep. (BNA) 1181, 2002 Fla. App. LEXIS 14574, 2002 WL 31250730

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64820842

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Gardner v. State

821 So. 2d 1220, 2002 Fla. App. LEXIS 10678, 2002 WL 1723850

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816560

Published

solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (1999). We conclude that the

Randle v. State

820 So. 2d 418, 2002 Fla. App. LEXIS 9435, 2002 WL 1433741

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816234

Published

did do and punish him for something he did not. § 90.404(2)(a), Fla. Stat. (2000);1 see Robertson v. State

Gutherez v. State

809 So. 2d 16, 2002 Fla. App. LEXIS 413, 2002 WL 83716

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64813007

Published

penetration.” The Williams rule,1 as codified in section 90.404(2)(a), Florida Statutes (2000), provides: Similar

Lowery v. State

796 So. 2d 1257, 2001 Fla. App. LEXIS 14711, 2001 WL 1230540

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809395

Published

crime evidence to show the defendant’s intent. See § 90.404(2)(a), Fla. Stat. (1999); see also, e.g., Robertson

Knight v. State

796 So. 2d 1236, 2001 Fla. App. LEXIS 14620, 2001 WL 1205855

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 64809384

Published

purpose of the evidence of prior violence. Section 90.404(2)(b)2 requires such an instruction only if

Canion v. State

793 So. 2d 80, 2001 Fla. App. LEXIS 11095, 2001 WL 883279

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807947

Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2000). See also Williams v

Canion v. State

793 So. 2d 80, 2001 Fla. App. LEXIS 11095, 2001 WL 883279

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807947

Published

relevant solely to prove bad character or propensity. § 90.404(2)(a), Fla. Stat. (2000). See also Williams v

Tramontano v. State

778 So. 2d 449, 2001 Fla. App. LEXIS 1392, 2001 WL 120994

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64803775

Published

Griffin v. State, 639 So.2d 966, 969-70 (Fla. 1994); § 90.404(2)(a), Fla.Stat. (2000). The statements of co-conspirator

Smith v. State

788 So. 2d 279, 2000 Fla. App. LEXIS 14784, 2000 WL 1700801

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64806369

Published

to rely on collateral bad act evidence under section 90.404(2)(b), Florida Statutes. The state alleged

Titel v. State

788 So. 2d 286, 2000 Fla. App. LEXIS 14791, 2000 WL 1700929

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64806370

Published

solely to prove bad character or propensity.” § 90.404(2)(a), *289Fla. Stat. (1999)3; see also Chandler

State v. Mosley

760 So. 2d 1129, 2000 Fla. App. LEXIS 8498, 2000 WL 902274

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 64798170

Published

sheriff that he had “hurt” or killed his friend. Section 90.404(2)(a), Florida Statutes (1999) reads as follows:

Modeste v. State

760 So. 2d 1078, 2000 Fla. App. LEXIS 7805, 2000 WL 799370

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64798142

Published

See Williams v. State, 110 So.2d 654 (Fla.1959), § 90.404(2)(a). This court has held that the erroneous

Coney v. State

756 So. 2d 173, 2000 Fla. App. LEXIS 3701, 2000 WL 313580

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64796894

Published

accused of shoplifting on a prior occasion. See § 90.404(2)(a), Fla. Stat. (1999) (“Similar fact evidence

Miller v. State

748 So. 2d 327, 1999 Fla. App. LEXIS 15722, 1999 WL 1075922

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 64793809

Published

prove identity, plan, and modus operandi. See § 90.404(2)(a), Fla. Stat. (1997); Mazepa v. State, 439

Salamanca v. State

745 So. 2d 502, 1999 Fla. App. LEXIS 15635, 1999 WL 1062474

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64792461

Published

motive of defendant in using the stun gun. See § 90.404(2)(a), Fla. Stat. (1995). Moreover, the court

Abbate v. State

745 So. 2d 409, 1999 Fla. App. LEXIS 14215, 1999 WL 974123

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64792397

Published

admission of “other crimes” evidence was improper. § 90.404(2)(a), Fla. Stat. (1997) (“Similar fact evidence

Chambers v. State

742 So. 2d 839, 1999 Fla. App. LEXIS 12200, 1999 WL 729053

District Court of Appeal of Florida | Filed: Sep 13, 1999 | Docket: 64791504

Published

other uncharged robberies which is violative of section 90.404, Florida Statutes (1997), and presumptively

Washington v. State

737 So. 2d 1208, 1999 Fla. App. LEXIS 10059

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 64789652

Published

murdered was not harmless error). According to section 90.404(2)(a), Florida Statutes (1997), which codified

Muff v. State

739 So. 2d 124, 1999 Fla. App. LEXIS 9096, 1999 WL 458124

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64790141

Published

had a propensity to deal in stolen property. See § 90.404(2), Fla. Stat. (1995). REVERSED and REMANDED for

Hall v. State

738 So. 2d 374, 1999 Fla. App. LEXIS 8273, 1999 WL 410314

District Court of Appeal of Florida | Filed: Jun 22, 1999 | Docket: 64789756

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. (Emphasis supplied.)

Lee v. State

737 So. 2d 1116, 1999 Fla. App. LEXIS 11115, 1999 WL 495479

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64789629

Published

prove bad character or propensity. We agree. See § 90.404(2)(a), Fla. Stat. (1997); Delgado v. State, 573

White v. State

734 So. 2d 484, 1999 Fla. App. LEXIS 6007, 1999 WL 309094

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64788589

Published

See Williams v. State, 110 So.2d 654 (Fla.1959); § 90.404, Fla. Stat. (1997). Moreover, Miller’s testimony

Foraker v. State

731 So. 2d 110, 1999 Fla. App. LEXIS 4893, 1999 WL 218703

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787823

Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla. Slat. . See State v. Rawls, 649

State v. Wood

732 So. 2d 402, 1999 Fla. App. LEXIS 4672, 1999 WL 201998

District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 64788157

Published

other crimes, wrongs, or acts” pursuant to section 90.404(2) of the Florida Evidence Code. We have jurisdiction

Picoriello v. State

727 So. 2d 339, 1999 Fla. App. LEXIS 3343, 1999 WL 72074

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786494

Published

a particular occasion is inadmissible under section 90.404(1), Florida Statutes (1997). The limited exceptions

Amendment to the Florida Rules of Juvenile Procedure—Rule 8.060

724 So. 2d 1153, 24 Fla. L. Weekly Supp. 617, 1998 Fla. LEXIS 2212, 1998 WL 831313

Supreme Court of Florida | Filed: Dec 3, 1998 | Docket: 64785830

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Amendment to Florida Rules of Criminal Procedure 3.220(h) & 3.361

724 So. 2d 1162, 24 Fla. L. Weekly Supp. 605, 1998 Fla. LEXIS 2213, 1998 WL 830663

Supreme Court of Florida | Filed: Dec 3, 1998 | Docket: 64785832

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Suarez-Mesa v. State

722 So. 2d 843, 1998 WL 770780

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1241867

Published

1982); Williams v. State, 110 So.2d 654 (Fla.1959); § 90.404, Fla. Stat. (1989)). The videotape might have

Jones v. State

714 So. 2d 665, 1998 Fla. App. LEXIS 9699, 1998 WL 429117

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 64781883

Published

of sexual battery. This was impermissible. See § 90.404(2)(a), Fla. Stat. (1997) (making similar fact

D.M. v. State

714 So. 2d 1117, 1998 Fla. App. LEXIS 8484

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 64781960

Published

offer evidence of other .criminal offenses, see § 90.404(2)(b)l, Fla. Stat. (1997), namely, the surveillance

Toro v. State

712 So. 2d 423, 1998 Fla. App. LEXIS 5939, 1998 WL 263821

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781311

Published

evidence of other crime, was admissible under section 90.404(2)(a) Florida Statutes, (1993) because it was

Scott v. State

709 So. 2d 191, 1998 Fla. App. LEXIS 4734, 1998 WL 204919

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 64780143

Published

on evidence of prior crimes as required by section 90.404(2)(b)(l), Florida Statutes (1995), and that

Amendment to Florida Rule of Criminal Procedure 3.220(h)(1)

710 So. 2d 961, 23 Fla. L. Weekly Supp. 182, 1998 Fla. LEXIS 601, 1998 WL 153767

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64780954

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses

Waldowski v. State

708 So. 2d 1015, 1998 Fla. App. LEXIS 3176, 1998 WL 144988

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780034

Published

identity, or absence of mistake or accident.” See § 90.404(2)(a) Fla. Stat. (1997). It was also error to

Turchiaro v. State

697 So. 2d 925, 1997 Fla. App. LEXIS 8387, 1997 WL 408758

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775292

Published

the defendant’s propensity to commit a crime. § 90.404, Fla. Stat. (1995); State v. Vazquez, 419 So.2d

Shapiro v. State

696 So. 2d 1321, 1997 Fla. App. LEXIS 8402

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775067

Published

court’s admission of the prior act testimony. Section 90.404(2)(a), Florida Statutes (1991), provides: Similar

Mandracken v. State

689 So. 2d 1219, 1997 Fla. App. LEXIS 2424, 1997 WL 111333

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 64771818

Published

testimony which does not require notice. See section 90.404(2)(b)(l), Florida Statutes. AFFIRMED. W. SHARP

Boroughs v. State

684 So. 2d 274, 1996 WL 695269

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 1482512

Published

bad character or propensity to commit the crime. § 90.404(2). A substantial portion of the testimony given

Collier v. State

681 So. 2d 856, 1996 WL 595191

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 1722309

Published

propensity for violence. Again, we disagree.[3]*859 Section 90.404 of the Florida Statutes (1993) prohibits the

In re Amendment to Florida Rule of Criminal Procedure 3.220(h)

681 So. 2d 666, 1996 Fla. LEXIS 1517

Supreme Court of Florida | Filed: Sep 12, 1996 | Docket: 64768383

Published

fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The defendant may-take

Miller v. State

676 So. 2d 61, 1996 Fla. App. LEXIS 7039, 1996 WL 378338

District Court of Appeal of Florida | Filed: Jul 9, 1996 | Docket: 64766000

Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2), Fla. Stat. (1995).

State v. Perez

672 So. 2d 884, 1996 Fla. App. LEXIS 4569, 1996 WL 210838

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 64764308

Published

the charged crime in context and to show motive, § 90.404(2), Fla.Stat. (1995); Griffin v. State, 639 So

Roberts v. State

662 So. 2d 1308, 1995 Fla. App. LEXIS 11339, 1995 WL 621739

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64760194

Published

appeal, that this testimony was admissible under section 90.404(2)(a), Florida Statutes (1993), to prove that

Pierre-Louis v. State

661 So. 2d 420, 1995 Fla. App. LEXIS 10944, 1995 WL 610606

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 64759259

Published

PER CURIAM. Affirmed. See § 90.404(2), Fla.Stat. (1993); Wester v. State, 141 Fla. 374, 193 So. 303

Descally v. State

660 So. 2d 420, 1995 Fla. App. LEXIS 9935, 1995 WL 553067

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 64758687

Published

PER CURIAM. Affirmed. § 90.404(2)(a), Fla.Stat. (1993); Eans v. State, 366 So.2d 540, 542 (Fla. 3d DCA

Bell v. State

659 So. 2d 1278, 1995 Fla. App. LEXIS 9161, 1995 WL 509292

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 64758565

Published

whether a collateral crime is admissible under section 90.404(2)(a), which codifies the Williams rule.2 See

Paul v. State

660 So. 2d 752, 1995 Fla. App. LEXIS 8262, 1995 WL 457222

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 64758877

Published

relevant solely to prove bad character or propensity- § 90.404(2)(a), Fla. Stat. (1993). The state also points

Johnson v. Singletary

883 F. Supp. 1535, 1995 U.S. Dist. LEXIS 5837, 1995 WL 254338

District Court, M.D. Florida | Filed: Apr 26, 1995 | Docket: 1707828

Published

Petitioner's propensity to commit crime. Fla.Stat. § 90.404(1). Here, however, the evidence was not introduced

De Pena v. State

652 So. 2d 1273, 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755344

Published

and the jury verdicts were inconsistent. See § 90.404(2)(a), Fla.Stat. (1993); A.B.G. v. State, 586

Bamberger v. State

651 So. 2d 829, 1995 Fla. App. LEXIS 2665, 1995 WL 111196

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 64754901

Published

DCA) review denied, 547 So.2d 1210 (Fla.1989); § 90.404(2)(a), Fla.Stat. (1993). HARRIS, C.J., and GRIFFIN

Petersen v. State

650 So. 2d 223, 1995 Fla. App. LEXIS 1574, 1995 WL 63060

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 64754198

Published

1028, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989). Section 90.404(2)(a), Florida Statutes (1991), reads: Similar

State v. Fudge

645 So. 2d 23, 1994 Fla. App. LEXIS 9827, 1994 WL 558860

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 64752141

Published

of the other as similar fact evidence under section 90.404(2), Florida Statutes (1993), and Williams v

Guthrie v. State

637 So. 2d 35, 1994 WL 180456

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 1521474

Published

DCA), rev. denied, 424 So.2d 763 (Fla. 1982); § 90.404, Fla. Stat. (1991). Therefore, evidence of homosexual

Pompa v. State

635 So. 2d 114, 1994 Fla. App. LEXIS 3262, 1994 WL 115276

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64747680

Published

that could very well pervade her testimony. Section 90.404 provides in part: 90.404 Character evidence;

Miller v. State

632 So. 2d 243, 1994 Fla. App. LEXIS 1259, 1994 WL 51820

District Court of Appeal of Florida | Filed: Feb 22, 1994 | Docket: 64746496

Published

the defendant was clearly admissible under section 90.404(2), Florida Statutes (1991), on the issues

Dixon v. State

630 So. 2d 1242, 1994 WL 26364

District Court of Appeal of Florida | Filed: Feb 1, 1994 | Docket: 1520704

Published

than to prove bad character or propensity. See § 90.404(2)(a), Fla. Stat. (1989). We cannot say beyond

Fogelman v. State

625 So. 2d 893, 1993 Fla. App. LEXIS 9988, 1993 WL 390411

District Court of Appeal of Florida | Filed: Oct 6, 1993 | Docket: 64743564

Published

erroneously admitted evidence of similar crimes under section 90.404(2)(a), Florida Statutes (1991). Whitehead v

State v. Jenkins

624 So. 2d 354, 1993 Fla. App. LEXIS 9415, 1993 WL 356913

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742976

Published

remanded. RYDER, A.C.J., and BLUE, J., concur. . Section 90.404(2)(a), Florida Statutes (1991) provides: CHARACTER

State v. Richardson

621 So. 2d 752, 1993 Fla. App. LEXIS 7071

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697795

Published

hearing. . The Williams rule is codified at section 90.-404(2), which provides that Similar fact evidence

Bogren v. State

611 So. 2d 547, 1992 Fla. App. LEXIS 12629, 1992 WL 371558

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 64693231

Published

evidence is typically a “tool of the prosecution,” section 90.404(2) does not specifically preclude the use of

Wade v. State

610 So. 2d 664, 1992 Fla. App. LEXIS 12776, 1992 WL 371402

District Court of Appeal of Florida | Filed: Dec 16, 1992 | Docket: 64692843

Published

Ehrhardt, Florida Evidence § 405.1 (1992). Under section 90.404(l)(b), Florida Statutes (1989), evidence of

Montequin v. State

605 So. 2d 944, 1992 Fla. App. LEXIS 10210, 1992 WL 240737

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 64670112

Published

State, 458 So.2d 1156 (Fla. 1st DCA1984); Section 90.-404(2)(b)(l), Florida Statutes (1989). We do find

Carter v. State

606 So. 2d 675, 1992 Fla. App. LEXIS 10012, 1992 WL 235358

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 64670847

Published

offer similar fact evidence as required by section 90.404(2)(b), Florida Statutes. However, that section

Gilliam v. State

602 So. 2d 986, 1992 Fla. App. LEXIS 7945, 1992 WL 170994

District Court of Appeal of Florida | Filed: Jul 22, 1992 | Docket: 64669080

Published

the applicable text from the evidence code. Section 90.404(2)(a), Florida Statutes (1991), provides: (2)

Boykin v. State

601 So. 2d 1312, 1992 Fla. App. LEXIS 7348, 1992 WL 153965

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 64668799

Published

called to testify as to collateral crimes. See § 90.404(2), Fla. Stat. (1991). He had investigated a later

Young v. State

598 So. 2d 163, 1992 Fla. App. LEXIS 4779, 1992 WL 84153

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 64667104

Published

State, 410 So.2d 924, 925 (Fla.3d DCA 1982); § 90.404(1)(a), Fla.Stat. (1989); the state may not, in

Strapp v. State

588 So. 2d 27, 1991 Fla. App. LEXIS 10528, 1991 WL 211251

District Court of Appeal of Florida | Filed: Oct 22, 1991 | Docket: 64662544

Published

DCA), cert. denied, 388 So.2d 1118 (Fla. 1980); § 90.404, Fla.Stat. (1989): “Q. Have you ever been convicted

Jaggers v. State

588 So. 2d 613, 1991 Fla. App. LEXIS 9449, 1991 WL 191612

District Court of Appeal of Florida | Filed: Sep 27, 1991 | Docket: 64662778

Published

state failed to comply with the requirements of section 90.404(2)(b)l by providing sufficiently specific notices

Walls v. State

579 So. 2d 823, 1991 Fla. App. LEXIS 4392, 1991 WL 75525

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 64658801

Published

pertaining to the state’s alleged noncompliance with Section 90.404(2)(b)l., Florida Statutes (1989), and find

Stroud v. State

576 So. 2d 880, 1991 Fla. App. LEXIS 2465, 1991 WL 35987

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 64657453

Published

fact evidence was improperly admitted under section 90.404(2), Florida Statutes (1987). That legal argument

Brown v. State

570 So. 2d 427, 1990 Fla. App. LEXIS 8976, 1990 WL 181868

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 64654679

Published

crime evidence under the Florida Evidence Code, section 90.404(2), Florida Statutes (1989) and Williams v

Catlett v. State

568 So. 2d 1325, 1990 Fla. App. LEXIS 8310, 1990 WL 164827

District Court of Appeal of Florida | Filed: Oct 30, 1990 | Docket: 64654164

Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2), Fla.Stat. (1989).

Miles v. Allstate Insurance Co.

564 So. 2d 583, 1990 Fla. App. LEXIS 5350, 1990 WL 102714

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64651874

Published

the type of evidence clearly proscribed by section 90.-404(2)(a), Florida Statutes (1989). In short, the

Laffman ex rel. Jacques v. Sherrod

565 So. 2d 760, 1990 Fla. App. LEXIS 5185, 1990 WL 98598

District Court of Appeal of Florida | Filed: Jul 17, 1990 | Docket: 64652392

Published

character is generally inadmissible as evidence. § 90.404(1), Fla.Stat. (1989). The appellee has not persuaded

Parker v. State

564 So. 2d 232, 1990 Fla. App. LEXIS 5025, 1990 WL 95451

District Court of Appeal of Florida | Filed: Jul 12, 1990 | Docket: 64651646

Published

the state “Williams Rule Notice” pursuant to section 90.404(2)(b)l, Florida Statutes (1987).1 As conceded

Ledo v. State

557 So. 2d 891, 1990 Fla. App. LEXIS 1219, 1990 WL 17475

District Court of Appeal of Florida | Filed: Feb 27, 1990 | Docket: 64648649

Published

his Miranda rights under the circumstances. See § 90.404, Fla.Stat. (1987); cf. Doyle v. State, 460 So

Simpson v. State

555 So. 2d 956, 1990 Fla. App. LEXIS 334, 1990 WL 4108

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 64647610

Published

evidence of other criminal offenses as required by section 90.404(2)(b)l, Florida Statutes. The other issues

Beasley v. State

555 So. 2d 382, 14 Fla. L. Weekly 2581, 1989 Fla. App. LEXIS 6162, 1989 WL 133263

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 64647488

Published

evidence of other similar acts was properly admitted. § 90.404(2)(a), Fla.Stat.(1987); Bryan v. State, 533 So

Kelly v. State

552 So. 2d 1140, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5861

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 64646591

Published

introduced evidence of other crimes pursuant to section 90.404(2)(a), Florida Statutes, without giving the

J.P. v. State

546 So. 2d 753, 14 Fla. L. Weekly 1655, 1989 Fla. App. LEXIS 3881, 1989 WL 75515

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 64643833

Published

DCA), cert. denied, 300 So.2d 900 (Fla.1974); § 90.404(2)(a), Fla.Stat. (1987), and (b) the admission

Bolden v. State

543 So. 2d 423, 14 Fla. L. Weekly 1231, 1989 Fla. App. LEXIS 2768, 1989 WL 51217

District Court of Appeal of Florida | Filed: May 18, 1989 | Docket: 64642614

Published

propensity, contrary to the provisions of section 90.-404(2)(a), Florida Statutes (1987) and Williams

Ingvaldsen v. State

539 So. 2d 613, 14 Fla. L. Weekly 723, 1989 Fla. App. LEXIS 1416, 1989 WL 24741

District Court of Appeal of Florida | Filed: Mar 22, 1989 | Docket: 64640892

Published

improper admission of “other crimes” evidence, section 90.404(2), Florida Statutes (1987), was indeed harmless

Smith v. State

539 So. 2d 556, 14 Fla. L. Weekly 602, 1989 Fla. App. LEXIS 1190, 1989 WL 20693

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 64640866

Published

deem the mention thereof to be violative of section 90.404(2), Florida Statutes (1987), and harmful error

Stokes v. State

541 So. 2d 642, 14 Fla. L. Weekly 314, 1989 Fla. App. LEXIS 497, 1989 WL 6462

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 64641569

Published

at trial and her character was not at issue. Section 90.404, Florida Statutes, provides that “evidence

Swafford v. State

533 So. 2d 270, 13 Fla. L. Weekly 595, 1988 Fla. LEXIS 1070

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64638288

Published

the kind forbidden by the Williams rule and section 90.404(2). Id. at 461. Moreover, Jackson cited with

Davis v. Kyle

529 So. 2d 1240, 13 Fla. L. Weekly 1927, 1988 Fla. App. LEXIS 3650, 1988 WL 84225

District Court of Appeal of Florida | Filed: Aug 12, 1988 | Docket: 64636489

Published

proceedings. See 57 Fla.Jur.2d § 440 (1985). Compare Section 90.-404(2)(a), Florida Statutes, permitting the admission

Paquette v. State

528 So. 2d 995, 13 Fla. L. Weekly 1785, 1988 Fla. App. LEXIS 3422, 1988 WL 76415

District Court of Appeal of Florida | Filed: Jul 28, 1988 | Docket: 64636153

Published

S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959) and § 90.404(2)(a), Fla. Stat.) in the form of (1) testimony

Crowell v. State

528 So. 2d 535, 13 Fla. L. Weekly 1740, 1988 Fla. App. LEXIS 3172, 1988 WL 73929

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 64636045

Published

as Williams rule or similar fact evidence. Section 90.404(2), Florida Statutes (1985), provides that

Whitehead v. State

528 So. 2d 945, 13 Fla. L. Weekly 1620, 1988 Fla. App. LEXIS 2996, 1988 WL 70671

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64636136

Published

exclude collateral crime evidence pursuant to section, 90.404, Florida Statutes (1987). The victim of this

Florida v. State

522 So. 2d 1039, 13 Fla. L. Weekly 883, 1988 Fla. App. LEXIS 1372

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64633884

Published

incarceration followed by ten years of probation. Section 90.404(2)(a), Florida Statutes (1985) codifies the

Fulton v. State

523 So. 2d 1197, 13 Fla. L. Weekly 825, 1988 Fla. App. LEXIS 1306, 1988 WL 26743

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 64634291

Published

361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); § 90.404(2)(a), Fla.Stat. (1985). Such evidence is admissible

Stevens v. State

521 So. 2d 362, 13 Fla. L. Weekly 662, 1988 Fla. App. LEXIS 927, 1988 WL 18970

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 64633197

Published

Supreme Court, for the first time, interpreted section 90.404(2)(a), Florida Statutes (1985),1 to include

McClain v. State

516 So. 2d 53, 12 Fla. L. Weekly 2763, 1987 Fla. App. LEXIS 11308, 1987 WL 2114

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631201

Published

“Williams rule” is codified in our evidence code at section 90.404(2)(a), Florida Statutes (1985). See Peek v

Frieson v. State

512 So. 2d 1092, 12 Fla. L. Weekly 2287, 1987 Fla. App. LEXIS 10295

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64629616

Published

before the jury, consistent with the proffer. Section 90.404(2)(a), Florida Statutes (1985), provides: Similar

Weitz v. State

510 So. 2d 1060, 12 Fla. L. Weekly 1837, 1987 Fla. App. LEXIS 9516

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 64628745

Published

evidence of these collateral acts. We agree. Section 90.404(2)(a), Florida Statutes (1985), provides: Similar

Hepler v. State

510 So. 2d 1006, 12 Fla. L. Weekly 1703, 1987 Fla. App. LEXIS 9333

District Court of Appeal of Florida | Filed: Jul 15, 1987 | Docket: 64628725

Published

Such evidence is rendered inadmissible by section 90.404(1), Florida Statutes (1985), the limited exceptions

Jaffe v. Jefferson Stores, Inc.

507 So. 2d 1199, 1987 Fla. App. LEXIS 8547

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 64627487

Published

1979), cert. denied, 381 So.2d 767 (Fla.1980); § 90.404, Fla.Stat. (1983).

Glennon v. State, Department of Health & Rehabilitative Services

506 So. 2d 1131, 12 Fla. L. Weekly 1210, 1987 Fla. App. LEXIS 8153

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 64627008

Published

that he had the opportunity to commit such acts. § 90.404(2)(a) Fla.Stat. (1985); see Potts v. State, 427

Torres v. State

504 So. 2d 534, 12 Fla. L. Weekly 900, 1987 Fla. App. LEXIS 7417

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 64626028

Published

admissibility of similar fact evidence under section 90.404(2)(a), Florida Statutes (1985), the court must

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

not admissible as character evidence under section 90.-404, in that character evidence is not admissible

Wills v. State

494 So. 2d 530, 11 Fla. L. Weekly 2051, 1986 Fla. App. LEXIS 9851

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 64621828

Published

State, 264 So.2d 442 (Fla. 1st DCA 1972). Section 90.404(2)(b)2, Florida Statutes, requires the judge

Wills v. State

494 So. 2d 530, 11 Fla. L. Weekly 2051, 1986 Fla. App. LEXIS 9851

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 64621828

Published

State, 264 So.2d 442 (Fla. 1st DCA 1972). Section 90.404(2)(b)2, Florida Statutes, requires the judge

Wright v. State

473 So. 2d 1277, 10 Fla. L. Weekly 364, 1985 Fla. LEXIS 3479

Supreme Court of Florida | Filed: Jul 3, 1985 | Docket: 64613589

Published

1972). The Williams holding is codified by section 90.404(2)(a), Florida Statutes (1983), and incorporated

Brown v. State

472 So. 2d 475, 10 Fla. L. Weekly 1012, 1985 Fla. App. LEXIS 13479

District Court of Appeal of Florida | Filed: Apr 17, 1985 | Docket: 64613024

Published

charged. The Williams rule has been codified in section 90.404(2)(a), Florida Statutes (1983), which provides

Cornelius v. State

457 So. 2d 579, 9 Fla. L. Weekly 2180, 1984 Fla. App. LEXIS 15333

District Court of Appeal of Florida | Filed: Oct 12, 1984 | Docket: 64607410

Published

of that prior act under the “Williams Rule,” section 90.404(2)(a), Florida Statutes (1983), especially

Perez v. State

454 So. 2d 774, 1984 Fla. App. LEXIS 14905

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 64606476

Published

v. Blackburn, 646 F.2d 873 (5th Cir.1980); Section 90.404(2) Fla.Stat. (1979).

Primous v. State

453 So. 2d 136, 1984 Fla. App. LEXIS 14061

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 64606024

Published

similar fact evidence was proper pursuant to Section 90.404(2)(a), Florida Statutes (1983). See Williams

Wright v. State

453 So. 2d 440, 1984 Fla. App. LEXIS 13955

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 64606092

Published

evidence was admissible under the provisions of section 90.404, Florida Statutes (1981), providing for the

Nelson v. State

450 So. 2d 1223, 1984 Fla. App. LEXIS 13442

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 64605252

Published

Sherrie Nelson incidents was admissible under Section 90.-404(2)(a), Florida Statutes (1979), as proof on

Proctor v. State

447 So. 2d 448, 1984 Fla. App. LEXIS 12479

District Court of Appeal of Florida | Filed: Mar 27, 1984 | Docket: 64603730

Published

having that evidence rebutted by the State. See § 90.404, Fla.Stat. (1981). We do not, however, foreclose

Hudson v. State

444 So. 2d 598, 1984 Fla. App. LEXIS 11653

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 64602472

Published

Williams v. State, 110 So.2d 654 (Fla.1959); Section 90.404(2)(a), Florida Statutes (1982). Our review

State v. Baker

441 So. 2d 1102, 1983 Fla. App. LEXIS 23535

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 64601330

Published

DCA 1981), rev. den., 413 So.2d 877 (Fla.1982); § 90.404(2)(a), Fla.Stat. (1981). It is true that here

Mazepa v. State

439 So. 2d 1029, 1983 Fla. App. LEXIS 23604

District Court of Appeal of Florida | Filed: Nov 1, 1983 | Docket: 64600322

Published

pretrial hearing as admissible pursuant to Section 90.404, Florida Statutes (1981),1 of an offense committed

Milton v. State

438 So. 2d 935, 1983 Fla. App. LEXIS 24492

District Court of Appeal of Florida | Filed: Oct 4, 1983 | Docket: 64599990

Published

erred by not giving an instruction pursuant to Section 90.-404(2)(b)2, Florida Statutes (1981) on the limited

Dreisch v. State

436 So. 2d 1051, 1983 Fla. App. LEXIS 22783

District Court of Appeal of Florida | Filed: Aug 30, 1983 | Docket: 64599239

Published

another transaction was properly admitted under Section 90.404(2)(a), Florida Statutes (1981)1 to show his

Leonard v. State

429 So. 2d 70, 1983 Fla. App. LEXIS 28963

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 64596006

Published

State, 110 So.2d 654 (Fla.1959) as codified in Section 90.404(2)(a), Florida Statutes (1981). See Drake v

Ivester v. State

429 So. 2d 1271, 1983 Fla. App. LEXIS 19069

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 64596460

Published

testimony as an exception to the hearsay rule. Section 90.404(l)(b), Florida Statutes, permits the admissibility

Castillo v. State

412 So. 2d 36, 1982 Fla. App. LEXIS 19737

District Court of Appeal of Florida | Filed: Apr 6, 1982 | Docket: 64589042

Published

regarding a specific prior crime pursuant to Section 90.404(2), Florida Statutes (1979) because the inquiry

Mattera v. State

409 So. 2d 257, 1982 Fla. App. LEXIS 19201

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 64587523

Published

scheme or design, intent, motive or pattern. Section 90.404(2), Florida Statutes (1979); Walker v. State

Giddens v. State

404 So. 2d 163, 1981 Fla. App. LEXIS 21132

District Court of Appeal of Florida | Filed: Sep 25, 1981 | Docket: 64585236

Published

State, 110 So.2d 654 (Fla.1959), as codified in section 90.404, Florida Statutes (1979), tries to avoid. See

Baker v. State

403 So. 2d 1121, 1981 Fla. App. LEXIS 21168

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 64585134

Published

not be done. . As in similar fact evidence. See § 90.404(2), Fla.Stat. (1979).

McCullough v. State

390 So. 2d 1225, 1980 Fla. App. LEXIS 18186

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579111

Published

been codified in the Florida Evidence Code, Section 90.404(2) as follows: (2) OTHER CRIMES, WRONGS, OR