Gimenez v. State

District Court of Appeal of Florida

Gimenez v. State

558 So. 2d 149, 1990 Fla. App. LEXIS 1532, 1990 WL 26669

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1990

DocketNo. 89-1648

StatusPublished

This text of 558 So. 2d 149 (Gimenez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gimenez v. State, 558 So. 2d 149, 1990 Fla. App. LEXIS 1532, 1990 WL 26669 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Finding that the multiple, uncharged, prior criminal acts defendant allegedly committed were not relevant to proving the charges of battery and trespass, we reverse the convictions and sentences. State v. Lee, 531 So.2d 133 (Fla.1988); Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Drake v. State, 441 So.2d 1079 (Fla.), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1983); State v. Vazquez, 419 So.2d 1088 (Fla.1982); Ruffin v. State, 397 So.2d 277 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 368, 70 L.Ed.2d 194 (1981). Additionally, we note that some of the prior acts were stale. McGough v. State, 302 So.2d 751 (Fla.1974).

Reversed and remanded for a new trial.

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PER CURIAM.

Finding that the multiple, uncharged, prior criminal acts defendant allegedly committed were not relevant to proving the charges of battery and trespass, we reverse the convictions and sentences. State v. Lee, 531 So.2d 133 (Fla.1988); Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Drake v. State, 441 So.2d 1079 (Fla.), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1983); State v. Vazquez, 419 So.2d 1088 (Fla.1982); Ruffin v. State, 397 So.2d 277 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 368, 70 L.Ed.2d 194 (1981). Additionally, we note that some of the prior acts were stale. McGough v. State, 302 So.2d 751 (Fla.1974).

Reversed and remanded for a new trial.

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558 So. 2d 149, 1990 Fla. App. LEXIS 1532, 1990 WL 26669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gimenez-v-state-fladistctapp-1990.

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