Osario v. State, 526 So. 2d 157

STONE, Judge.

The admission of rebuttal testimony by the arresting officer, concerning his experience with common drug courier practices, was irrelevant to any of the substantive issues in this case. Additionally, it was not within the scope of cross examination, nor was it introduced as background to explain the officer‘s conduct. See United States v. Hernandez-Cuartas, 717 F.2d 552 (11th Cir.), reh‘g denied, 721 F.2d 822 (11th Cir.1983). The error in this case was not harmless.

The judgment and sentence are, therefore, reversed and the case remanded for further proceedings.

DOWNEY and LETTS, JJ., concur.

Case Details

Case Name: Osario v. State

Court Name: District Court of Appeal of Florida

Date Published: May 18, 1988

Citations: 526 So. 2d 157; 1988 WL 47533; 87-1203

Docket Number: 87-1203

Court Abbreviation: Fla. Dist. Ct. App.