RONNIE JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-08-24
No. 81-668
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
418 So. 2d 430 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no error in the admission of evidence of a subsequent collateral crime, where it occurred so close in time to the robbery for which the defendant was charged, as to establish the entire context out of which the criminal conduct arose. Ruffin v. State, 397 So. 2d 277 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 368, 70 L.Ed.2d 194 (1981); Smith v. State, 365 So. 2d 704 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979).

Nonetheless, we reverse the defendant’s conviction of robbery because the defense was denied the opportunity to lay the proper predicate for impeachment by prior inconsistent statement. § 90.608(1)(a), Fla. Stat. (1979); Henderson v. State, 155 Fla. 487, 20 So. 2d 649, 651 (Fla.1945); Garcia v. State, 351 So. 2d 1098 (Fla. 3d DCA 1977), cert. denied, 361 So. 2d 835 (Fla.1978).

Reversed and remanded for a new trial.


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Citator

Cited By

  • Kimble v. State, 537 So. 2d 1094 (Fla. 2d DCA 1989)
    …e the trial court improperly limited the appellant’s cross-examination which was directly related to the credibility of a key prosecution witness, we reverse the appellant’s convictions and remand for a new trial. Williams. See also, Jones v. State, 418 So. 2d 430 (Fla. 3d DCA 1982). We find no merit in the appellant’s second point on appeal and, accordingly, decline to address it. REVERSED AND REMANDED. CAMPBELL, C.J., and SCHOONOVER and PARKER, JJ., concur.…

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