Johns v. State

547 So. 2d 345, 14 Fla. L. Weekly 1924, 1989 Fla. App. LEXIS 4620, 1989 WL 90909
Procedural entryThis page is a short order in Johns v. State. Read the opinion of the Court — 1991 Fla. App. LEXIS 7261
District Court of Appeal of Florida·Decided August 15, 1989·No. Nos. 87-1565, 88-98·Published

Opinion

PER CURIAM.

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.

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Johns v. State, 547 So. 2d 345, 14 Fla. L. Weekly 1924, 1989 Fla. App. LEXIS 4620, 1989 WL 90909 (Fla. Ct. App. 1989).

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Related

Bryan v. State
533 So. 2d 744 (Supreme Court of Florida, 1988)
Sneed v. State
397 So. 2d 931 (District Court of Appeal of Florida, 1981)
McArthur v. Cook
99 So. 2d 565 (Supreme Court of Florida, 1957)