Johns v. State

District Court of Appeal of Florida

Johns v. State

547 So. 2d 345, 14 Fla. L. Weekly 1924, 1989 Fla. App. LEXIS 4620, 1989 WL 90909

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 1989

DocketNos. 87-1565, 88-98

StatusPublished

This text of 547 So. 2d 345 (Johns 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.

Bluebook

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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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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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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Bluebook (online)

547 So. 2d 345, 14 Fla. L. Weekly 1924, 1989 Fla. App. LEXIS 4620, 1989 WL 90909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-state-fladistctapp-1989.

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