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Banks v. State

District Court of Appeal of Florida, Fourth District
May 24, 1995
655 So. 2d 1224 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1851.

May 24, 1995.

Appeal from the Circuit Court, Broward County, Paul L. Backman, J.

Richard L. Jorandby, Public Defender and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Aubin Wade Robinson, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse the conviction and sentence of appellant because the trial court erred in allowing the state to cross-examine the appellant as to the nature of his prior convictions. See Goodman v. State, 336 So.2d 1264, 1265 (Fla. 4th DCA 1976), cert. denied, 342 So.2d 1103 (Fla. 1977). In this case the appellant's recitations as to the number of his convictions were truthful and did not attempt to mislead the jury in any way. See Fotopoulos v. State, 608 So.2d 784 (Fla. 1992). Therefore, the state was precluded from asking appellant about the nature of those convictions. As appellant's credibility was very much an issue in the case, the state's questioning does not constitute harmless error.

Reversed and remanded.

DELL, C.J., and WARNER and POLEN, JJ., concur.


Summaries of

Banks v. State

District Court of Appeal of Florida, Fourth District
May 24, 1995
655 So. 2d 1224 (Fla. Dist. Ct. App. 1995)
Case details for

Banks v. State

Case Details

Full title:ANTHONY BANKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 24, 1995

Citations

655 So. 2d 1224 (Fla. Dist. Ct. App. 1995)

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