MATTHEW WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-06-09
No. 91-1841
Before BASKIN, FERGUSON and JORGENSON, JJ.
600 So. 2d 509 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 4 cases

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Holding

The court held that evidence of an informant's outstanding warrant for a minor offense was relevant impeachment evidence that should have been admitted.


Facts & Procedural History

Defendant was convicted of selling cocaine near a school and sentenced as a habitual offender. The State's informant witnessed the transaction but had…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Williams was convicted for selling a $10 cocaine rock within 1,000 feet of school property and sentenced to a fifteen-year term of imprisonment as a habitual offender with a three-year mandatory minimum term.

The question presented is whether the fact that the State’s informant — a witness to the drug transaction — had an outstanding bench warrant for driving with a suspended license,1 was relevant evidence which should have been admitted as impeachment evidence. We hold that the evidence was wrongfully excluded.

Any evidence tending to establish that a witness is appearing for the State for any reason other than to tell the truth should not be kept from the jury. A. McD. v. State, 422 So. 2d 336 (Fla. 3d DCA 1982); Lavette v. State, 442 So. 2d 265 (Fla. 1st DCA 1983), rev. denied, 449 So. 2d 265 (Fla.1984).

Reversed and remanded for a new trial.

. Driving while a license is under suspension is a second-degree misdemeanor punishable by up to sixty days of incarceration.


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Citator

Cited By

  • Earnest Bell v. State, 614 So. 2d 562 (Fla. 3d DCA 1993)
    …d at 608. These two questions were extremely relevant to Charles’ credibility and were the proper subject of cross-examination. See Breedlove v. State, 580 So. 2d at 607-08; DeAngelis v. State, 605 So. 2d 175 (Fla. 4th DCA 1992); Williams v. State, 600 So. 2d 509 (Fla. 3d DCA 1992); Moreno v. State, 418 So. 2d 1223, 1226 (Fla. 3d DCA 1982); see also Watts v. State, 450 So. 2d 265, 267-68 (Fla. 2d DCA 1984); Hannah v. State, 432 So. 2d 631, 631-32 (Fla. 3d DCA 1983). Charles should have been required to an [*…
  • Balduino Cortes v. State, 670 So. 2d 119 (Fla. 3d DCA 1996)
    …gainst a prosecution witness at the time he testifies, the defense is entitled to bring this fact to the jury’s attention to show bias, motive or self-interest.”), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988); Williams v. State, 600 So. 2d 509 (Fla. 3d DCA 1992) (“Any evidence tending to establish that a witness is appearing for the State for any reason other than to tell the truth should not be kept from the jury.”). Since this case must be remanded for a new trial, we briefly address o…

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