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Johns v. State

District Court of Appeal of Florida, Third District
Aug 15, 1989
547 So. 2d 345 (Fla. Dist. Ct. App. 1989)

Opinion

Nos. 87-1565, 88-98.

August 15, 1989.

Appeal from the Circuit Court, Dade County, Henry L. Oppenborn, J.

Jeffery P. Raffle, Coral Gables, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.


The appellant's conviction for robbery with a firearm is reversed for a new trial because the prosecutor's cross-examination of the defendant concerning his prior convictions, which repeatedly and sarcastically emphasized the issue, prejudicially went beyond the boundaries of the simple question and answer permitted by the applicable law. See McArthur v. Cook, 99 So.2d 565 (Fla. 1957); Sneed v. State, 397 So.2d 931 (Fla. 5th DCA 1981); see also Bryan v. State, 533 So.2d 744 (Fla. 1988), cert. denied, ___ U.S. ___, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989).

It is unnecessary to discuss the remaining points because they are unlikely to recur at the new trial.

Reversed.


Summaries of

Johns v. State

District Court of Appeal of Florida, Third District
Aug 15, 1989
547 So. 2d 345 (Fla. Dist. Ct. App. 1989)
Case details for

Johns v. State

Case Details

Full title:LEEMAR JOSEPH JOHNS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 15, 1989

Citations

547 So. 2d 345 (Fla. Dist. Ct. App. 1989)

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State v. Johns

His judgment and sentence were later affirmed by this court. Johns v. State, 551 So.2d 1219 (Fla. 5th DCA…