Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Rogowski v. State
Citations: 643 So. 2d 1144; 1994 Fla. App. LEXIS 13098; 1994 WL 532315Docket: No. 94-592
Court: District Court of Appeal of Florida; September 28, 1994; Florida; State Appellate Court
Craig Stanley Rogowski appeals multiple convictions and sentences for eight counts of dealing in stolen property, two counts of burglary, two counts of theft, one count of conspiracy to commit burglary, and one count of violating Florida's RICO statute, all stemming from a jury verdict. His sole argument on appeal is that the prosecuting attorney's comments and conduct denied him a fair trial. The court affirms the convictions, finding no merit in Rogowski's claims: 1. The prosecution's elicitation of testimony from three witnesses regarding their plea agreements was deemed relevant and admissible, countering defense claims about their credibility. The court rejected the assertion that this constituted improper vouching for witness credibility. 2. While the state attorney's outburst during cross-examination, suggesting defense counsel should "stick to the truth," was acknowledged as improper, it was a response to defense counsel's disallowed questions. The attorney promptly apologized, and the trial court admonished both lawyers, leading the court to conclude that this did not deprive Rogowski of a fair trial. 3. A comment by the state attorney regarding Rogowski's failure to call a witness was also found to be improper but was provoked by defense counsel's unfounded assertion that the witness was the real perpetrator. The trial court sustained the objection to the comment and reminded the jury of the state's burden of proof, mitigating any potential prejudice to Rogowski. 4. The court dismissed additional claims of improper comments made by the state, concluding that none of the contested comments, whether individually or collectively, denied Rogowski a fair trial. Overall, the court upheld the convictions, affirming that the alleged prosecutorial improprieties did not compromise the integrity of the trial.