DWANN GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse appellant Dwann Green’s convictions for possession of cocaine and resisting arrest without violence.
On cross-examination, Green admitted that he had been convicted of two prior felonies, “two counts” in a ease that Green testified was on appeal. Over objection, the prosecutor elicited that one of these convictions was for attempted murder. Before Green was questioned, the prosecution and defense stipulated that he had two prior convictions for the purpose of impeachment. Green’s statement that the convictions were on appeal did not open the door to further inquiry. See Banks v. State, 655 So. 2d 1224 (Fla. 4th DCA 1995); Payne v. State, 426 So. 2d 1296 (Fla. 2d DCA 1983). Even had Green not admitted that he had two prior convictions, the only proper method of im peachment would have been to introduce certified records of the convictions. See Kyle v. State, 650 So. 2d 127 (Fla. 4th DCA 1995); Peterson v. State, 645 So. 2d 10, 12 (Fla. 4th DCA 1994). Under the facts of this case, we find this error to be prejudicial. See § 924.051(4), Fla. Stat. (1997).
As to the other points raised on appeal, we find no error. REVERSED AND REMANDED.
DELL, SHAHOOD and GROSS, JJ., concur.
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Ross v. State, 913 So. 2d 1184 (Fla. 4th DCA 2005)…335 So. 2d 280, 284 (Fla.1976); Brown v. State, 787 So. 2d 136 (Fla. 4th DCA 2001). Usually, the- prosecutor is not allowed to delvé into the nature of- a defendant’s prior convictions or the- circumstances surrounding them. [*1187] Green v. State, 720 So. 2d 1150 (Fla. 4th DCA 1998); Banks v. State, 655 So. 2d 1224 (Fla. 4th DCA 1995). This is so even when the defendant chooses to bring out the conviction first on direct examination. See Sneed v. State, 397 So. 2d 931 (Fla. 5th DCA 1981). An exception exist…
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Brown v. State, 787 So. 2d 136 (Fla. 4th DCA 2001)…ay ask, “how many times,” and whether the witness has ever been convicted of a misdemeanor involving dishonesty. Id. at 675. If the witness denies the conviction, the opposing party may produce the record of conviction. Id.; see also Green v. State, 720 So. 2d 1150, 1151 [*139] (Fla. 4th DCA 1998)(if a witness does not admit his prior convictions, the only proper method of impeachment is to introduce certified records of the convictions). In either event, no further questioning is permitted. Id. Counsel may no…
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Rogers v. State, 964 So. 2d 221 (Fla. 4th DCA 2007)…v. State, 787 So. 2d 136, 138 (Fla. 4th DCA 2001). Typically, “the prosecutor is not allowed to delve into the nature of a defendant’s prior [*223] convictions or the circumstances surrounding them.” Ross, 913 So. 2d at 1186 (citing Green v. State, 720 So. 2d 1150 (Fla. 4th DCA 1998)); Banks v. State, 655 So. 2d 1224 (Fla. 4th DCA 1995). This limitation applies even when the defendant first brings out a conviction on direct examination. Ross, 913 So. 2d at 1187; see Sneed v. State, 397 So. 2d 931 (Fla. 5th DC…
Authorities Cited
- Kyle v. State, 650 So. 2d 127 (Fla. 4th DCA 1995)
- Anthony Banks v. State, 655 So. 2d 1224 (Fla. 4th DCA 1995)
- Peterson v. State, 645 So. 2d 10 (Fla. 4th DCA 1994)
- Moan v. The City OF Stuart, 426 So. 2d 1296 (Fla. 4th DCA 1983)
- Hampton v. State, 426 So. 2d 1296 (Fla. 4th DCA 1983)