JOHNNY L. LEONARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Johnny L. Leonard appeals from his conviction and sentence for possession of cocaine. Appellant contends that the trial court erred in admitting allegedly similar fact evidence at his trial.
We find insufficient similarities between the evidence presented of appellant’s possession of a different controlled substance at a different time and place and the cocaine possession charged below to satisfy the requirements of Williams v. State, 110 So. 2d 654 (Fla.1959) as codified in Section 90.404(2)(a), Florida Statutes (1981). See Drake v. State, 400 So. 2d 1217 (Fla.1981); Malcolm v. State, 415 So. 2d 891 (Fla. 3d DCA 1982) and Sias v. State, 416 So. 2d 1213 (Fla. 3d DCA 1982).
Accordingly, we reverse and remand for a new trial.
REVERSED and REMANDED.
HURLEY and DELL, JJ., and PURDY, H. MARK, Associate Judge, concur.
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Wilson v. State, 490 So. 2d 1062 (Fla. 5th DCA 1986)…aine, on March 18,1985. No unusual circumstances or conditions were alleged or shown for either drug buy and, thus, the admission of the evidence for identity was error. See also Malcolm v. State, 415 So. 2d 891 (Fla. 3d DCA 1982); Leonard v. State, 429 So. 2d 70 (Fla. 4th DCA 1983). The state contends that the evidence of the prior drug buy was properly admissible as relevant to the issue of the defendant’s knowledge of the nature of the controlled substance in the packet. However, based on State v. Medlin…
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Hawks v. State, 616 So. 2d 1106 (Fla. 5th DCA 1993)…ime involved sale of small amount of marijuana while other two crimes involved possession of larger amounts, and two crimes involved tips from informants made under different circumstances while third involved no informant at all); Leonard v. State, 429 So. 2d 70 (Fla. 4th DCA 1983) (where there were insufficient similarities between prior incident and cocaine charge, trial court erred in admitting allegedly similar fact evidence at trial); Malcolm v. State, 415 So. 2d 891 (Fla. 3d DCA 1982) (trial court com…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Drake v. State, 400 So. 2d 1217 (Fla. 1981)
- Sias v. State, 416 So. 2d 1213 (Fla. 3d DCA 1982)
- Anderson Beck v. State, 415 So. 2d 891 (Fla. 3d DCA 1982)