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Banks v. StateBanks v. State

District Court of Appeal of Florida
May 24, 1995
94-1851
Reporters:
,
Before:
Dell, Warner, Polen (per curiam)

PER CURIAM.

We reverse the conviction and sentence of appellant because the trial court erred in allowing the state to cross-examine the appellant as to the nature of his prior convictions. See Goodman v. State, 336 So.2d 1264, 1265 (Fla. 4th DCA 1976), cert. denied, 342 So.2d 1103 (Fla. 1977). In this case the appellant‘s recitations as to the number of his convictions were truthful and did not attempt to mislead the jury in any way. See Fotopoulos v. State, 608 So.2d 784 (Fla. 1992). Therefore, the state was precluded from asking appellant about the nature of those convictions. As appellant‘s credibility was very much an issue in the case, the state‘s questioning does not constitute harmless error.

Reversed and remanded.

DELL, C.J., and WARNER and POLEN, JJ., concur.

Case Details

Case Name: Banks v. State
Court Name: District Court of Appeal of Florida
Date Published: May 24, 1995
Citations: 655 So. 2d 1224; 1995 WL 312601; 94-1851
Docket Number: 94-1851
Court Abbreviation: Fla. Dist. Ct. App.
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