JOHN FOGELMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN FOGELMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
625 So. 2d 893
Florida District Court of Appeal, Fourth District (1993)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the defendant’s conviction and sentence. The trial court erroneously admitted evidence of similar crimes under section 90.404(2)(a), Florida Statutes (1991). Whitehead v. State, 528 So. 2d 945 (Fla. 4th DCA 1988); Thompson v. State, 494 So. 2d 203 (Fla.1986). We cannot find that the error was harmless.
GLICKSTEIN, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fogelman v. State, 648 So. 2d 214 (Fla. 4th DCA 1994)…convicted of the abduction and sexual battery of P.L. In that case, the state introduced the incidents involving N.A. and L.C. On appeal this court reversed, holding that the admission of this evidence of similar crimes was error. Fogelman v. State, 625 So. 2d 893 (Fla. 4th DCA 1993). However, in that case, appellant did not use the defense of insanity. That difference in trial strategy explains the difference in the result here. Appellant argues that the two other crimes in this ease are not similar enough…
Authorities Cited
- Thompson v. State, 494 So. 2d 203 (Fla. 1986)
- Whitehead v. State, 528 So. 2d 945 (Fla. 4th DCA 1988)