PEDRO PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the admission of a police officer's testimony regarding the victim's prior consistent statements and the introduction of irrelevant magazines constituted reversible error.
Perez was convicted of robbery and battery. The trial involved a credibility contest between the victim and the defendant. Evidence of prior consisten…
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[*1097] PER CURIAM.
Perez appeals from a judgment of conviction for robbery and battery. For the following reasons, we reverse and remand for a new trial.
The admission of the police officer’s testimony of the victim’s prior consistent statements was error. “There is no question that evidence of the prior consistent statements of a witness is inadmissible because it is an impermissible — and probably hearsay — attempt to bolster the credibility of trial testimony.” (Citations omitted.) Reyes v. State, 580 So. 2d 309, 310 (Fla. 3d DCA 1991). See also Quiles v. State, 523 So. 2d 1261, 1264 (Fla. 2d DCA 1988) (improper bolstering of witness’ credibility by police officer’s in-court recitation of victim’s version of altercation not harmless error).
It was also error for the state to introduce evidence that Perez possessed magazines (characterized by the state as pornographic yet described as “lawful” by the trial court) on the day after the incident. The magazines were not relevant to the issues at trial and, therefore, should not have been admitted. See Gomaco Cory. v. Faith, 550 So. 2d 482 (Fla. 2d DCA) (inflammatory photographs must be relevant to issue required to be proved), rev. denied, 558 So. 2d 18 (Fla.1989). See also Page v. Zordan, 564 So. 2d 500 (Fla. 2d DCA 1990) (error to admit evidence that defendant possessed pornographic magazine to indicate that defendant is child molester).
This case hinged upon a credibility contest between the alleged victim and the defendant. The errors made in this case cannot individually or collectively be considered harmless. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
Accordingly, we reverse and remand for new trial.
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LEE v. State, 873 So. 2d 582 (Fla. 3d DCA 2004)…mmediately given a curative instruction, perhaps the damage could have been mitigated, but by overruling the objection, the jury was left with the impression that it [*584] could properly take into account the detective’s opinion. In Perez v. State, 595 So. 2d 1096, 1097 (Fla. 3d DCA 1992), we stated that errors committed from the improper admission of a police officer’s testimony that can be used to bolster the credibility of a victim’s trial testimony cannot be deemed harmless. See also Rodriguez v. State, 8…
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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
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Reyes v. State, 580 So. 2d 309 (Fla. 3d DCA 1991)
- Quiles v. State, 523 So. 2d 1261 (Fla. 2d DCA 1988)
- Gerald "Bud" Page v. Zordan, 564 So. 2d 500 (Fla. 2d DCA 1990)
- Gomaco Corp. v. Faith, 550 So. 2d 482 (Fla. 2d DCA 1989)