ANDRE GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Andre Gonzalez was convicted of manslaughter with a firearm and unlawful possession of a firearm. The appellate court reversed and remanded for a new trial, holding that the trial court committed reversible error by allowing cross-examination about Gonzalez's prior school disciplinary history and admitting evidence of his suspension from an alternative school for carrying a concealed weapon.
The trial court committed reversible error in both allowing cross-examination about the defendant's prior public school record and in admitting school disciplinary records. The evidence constituted an impermissible attack on the defendant's character under Florida law and was highly prejudicial to the defendant's self-defense claim, warranting reversal and a new trial.
[1] Evidence of a defendant's prior bad acts, including expulsion and suspension from public school for carrying a concealed weapon, constitutes an impermissible attack on ch…
[2] Allowing cross-examination of a defendant concerning their prior public school record, showing expulsion and suspension for carrying a concealed weapon, is reversible err…
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Join FLexlaw to unlock all legal intelligence“Plainly, this evidence of prior bad acts of the defendant constituted an impermissible attack on the defendant's character and was therefore inadmissible in evidence”
Establishes the core holding that the school record evidence violated the character attack prohibition
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Join FLexlaw to unlock all legal intelligenceAndre Gonzalez was convicted of manslaughter with a firearm and unlawful possession of a firearm during the commission of a felony. At trial, the stat…
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PER CURIAM.
This is an appeal by the defendant Andre Gonzalez from a judgment of conviction and sentence for manslaughter with a firearm and unlawful possession of a firearm during the commission of a felony.
We reverse for a new trial based on a holding that the trial court committed reversible error (1) in allowing the state to cross examine the defendant concerning his prior public school record, which showed he was expelled from high school and placed in a “last chance” alternative public school for problem children from which he was later suspended for carrying a concealed weapon, and (2) in admitting in evidence certain public school records of the defendant establishing his suspension from the “last chance” alternative public school for carrying a concealed weapon. Plainly, this evidence of prior bad acts of the defendant constituted an impermissible attack on the defendant’s character and was therefore inadmissible in evidence; contrary to the state’s argument, this error was not invited by the defendant’s trial testimony and was not otherwise proper rebuttal evidence. Pate v. State, 529 So. 2d 328, 329 (Fla. 2d DCA), rev. denied, 536 So. 2d 245 (Fla.1988); Kruse v. State, 483 So. 2d 1383, 1388 (Fla. 4th DCA 1986); Hodges v. State, 403 So. 2d 1375, 1377 (Fla. 5th DCA 1981), rev. denied, 413 So. 2d 877 (Fla.1982); § 90.404(2), Fla.Stat. (1987).
Moreover, we are persuaded that the error in permitting a broad-based attack on the defendant’s character was enormously prejudicial to the defendant and effectively undermined his claim of self-defense in the case; it was therefore a reversible error. State v. Lee, 531 So. 2d 133 (Fla.1988); Bricker v. State, 462 So. 2d 556, 559 (Fla. 3d DCA 1985).
Beyond that, the defendant’s remaining points on appeal do not present reversible error. Moreover, the conceded Carawan error in convicting and sentencing the defendant for unlawful possession of a firearm, Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987); Tundidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989), becomes moot in view of our reversal for a new trial on both the manslaughter and firearm possession charges. The final judgments of conviction and sentences under review are reversed and the cause is remanded to the trial court for a new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Smart v. State, 596 So. 2d 786 (Fla. 3d DCA 1992)…ant to establish the defendant’s bad character, and were therefore inadmissible. See Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); State v. Lee, 531 So. 2d 133 (Fla.1988); Gonzalez v. State, 559 So. 2d 748 (Fla. 3d DCA 1990); Harris v. State, 427 So. 2d 234 (Fla. 3d DCA 1983). Second, under the facts of this case, the defense counsel’s failure to request a curative instruction was not fatal. The record demonstrates that at one point the defense counse…
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Williams v. State, 715 So. 2d 1152 (Fla. 3d DCA 1998)…ant to establish the defendant’s bad character, and were therefore inadmissible. See Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959); State v. Lee, 531 So. 2d 133 (Fla.1988); Gonzalez v. State, 559 So. 2d 748 (Fla. 3d DCA 1990); Harris v. State, 427 So. 2d 234 (Fla. 3d DCA 1983). Second, under the facts of this ease, the defense counsel’s failure to request a curative instruction was not fatal. The record demonstrates that at one point the defense counse…
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Markowski v. Attel Bank Int'l, Ltd., 758 So. 2d 1283 (Fla. 3d DCA 2000)…t records); Dempsey v. Shell Oil Co., 589 So. 2d 373, 376-77 (Fla. 4th DCA 1991)(error for trial court to permit plaintiff to be impeached with testimony that he was involuntarily separated from his prior job due to carelessness); Gonzalez v. State, 559 So. 2d 748 (Fla. 3d DCA 1990)(error in permitting state to cross-examine defendant concerning his prior public school record which showed he was expelled from high school); David v. City of Jacksonville, 534 So. 2d 784, 787 (Fla. 1st DCA 1988)(improper to inte…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Kruse v. State, 483 So. 2d 1383 (Fla. 4th DCA 1986)
- State v. LEE, 531 So. 2d 133 (Fla. 1988)
- Kinchen v. State, 531 So. 2d 133 (Fla. 1988)
- Hodges v. State, 403 So. 2d 1375 (Fla. 5th DCA 1981)
- Bricker v. State, 462 So. 2d 556 (Fla. 3d DCA 1985)
- Pate v. State, 529 So. 2d 328 (Fla. 2d DCA 1988)
- E.M. v. State, 541 So. 2d 165 (Fla. 3d DCA 1989)
- Tundidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989)