Olivera v. State

Defendant-appellant Ricardo Olivera appeals his conviction for second-degree murder and attempted second-degree murder. We affirm.

First, we conclude that the admission of the disputed autopsy photograph into evidence was within the discretion of the trial judge and that the photograph was not unfairly prejudicial. See Kirby v. State, 625 So.2d 51, 54 (Fla. 3d DCA 1993). The photograph at issue was not of the same graphic nature as those erroneously admitted in Hoffert v. State, 559 So.2d 1246, 1249 (Fla. 4th DCA 1990). We also conclude that the evidence on the charge of second-degree murder…