EUGENE JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-05-19
No. 91-1061
Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.
598 So. 2d 303 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 4 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We reverse Jackson’s convictions because, over objection, an investigating police officer was permitted to recount that defendant had “an arrest record and was recently released from prison.” See McGuire v. State, 584 So. 2d 89 (Fla. 5th DCA 1991); McCall v. State, 463 So. 2d 425 (Fla. 3d DCA 1985); Houston v. State, 360 So. 2d 468 (Fla.3d DCA 1978); Perkins v. State, 349 So. 2d 776 (Fla. 2d DCA 1977). The other evidence of guilt consisted entirely of non-conclusive eyewitness identification so we cannot say that the error was harmless, State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), and a new trial is therefore required.

Reversed.

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  • Carlton Willis v. State, 669 So. 2d 1090 (Fla. 3d DCA 1996)
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