Lewis v. State
2012 Fla. App. LEXIS 2666
| Fla. Dist. Ct. App. | 2012Background
- Lewis was convicted by jury of armed burglary of a dwelling, robbery with a firearm, and aggravated battery; sentence imposed.
- The trial included officer testimony that Lewis was identified as a possible suspect after speaking with two non-testifying witnesses.
- The officer then created a photo lineup targeting Lewis based on that information.
- Defense objected to the officer's testimony as hearsay; objection was overruled.
- The State argued the testimony reflected leads from victims and that any error was invited; the court addressed admissibility and harmless error.
- The appellate court held the hearsay was inadmissible and not harmless, reversing and remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of officer's hearsay about non-testifying witnesses | Lewis claims hearsay; improper and prejudicial. | State argues invited error or harmless. | Reversed; admission harmful; new trial. |
Key Cases Cited
- Cedillo v. State, 949 So. 2d 339 (Fla. 4th DCA 2007) (inadmissible hearsay where non-testifying witnesses related accusations)
- Stokes v. State, 914 So. 2d 514 (Fla. 4th DCA 2005) (detective testimony implying out-of-court statements by non-testifying witnesses)
- Schaffer v. State, 769 So. 2d 496 (Fla. 4th DCA 2000) (non-testifying witness statements implied by in-court testimony are inadmissible)