William CLAIRVIN, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· February 4, 2011 · Docket No. 5D10-725
56 So. 3d 854
Syllabus
William CLAIRVIN, Appellant, v. STATE of Florida, Appellee. No. 5D10-725. District Court of Appeal of Florida, Fifth District. Feb. 4, 2011. Rehearing Denied March 18, 2011. James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Full Opinion (600 characters)
PER CURIAM. AFFIRMED. See Morton v. State, 689 So.2d 259, 264 (Fla.1997), receded from in part on other grounds, Rodriguez v. State, 753 So.2d 29, 47 (Fla.2000) (where witness gives both favorable and unfavorable testimony, party calling witness should usually be permitted to impeach witness with prior inconsistent statement; statement should be truly inconsistent and caution should be exercised in permitting impeachment of witness who has given favorable testimony but simply fails to recall every detail unless witness appears to be fabricating). MONACO, C.J., EVANDER and JACOBUS, JJ., concur.
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