ANTHONY HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anthony Hamilton (Hamilton) seeks review of his conviction for sale and delivery of cocaine following a jury trial. He argues, and we agree, that the trial judge committed error by admitting into evidence testimony describing a criminal behavior pattern. Dean v. State, 690 So. 2d 720 (Fla. 4th DCA 1997); Thomas v. State, 673 So. 2d 156 (Fla. 4th DCA 1996). This evidence was elicited by the state from one of its law enforcement witnesses who testified that in a drug transaction, it was not unusual for one individual to direct a potential buyer to a second individual for consummation of the drug sale.
Because admission of this evidence constituted error and was harmful under the circumstances of this case, we reverse the judgment and sentence and remand for a new trial.
REVERSED and REMANDED for a new trial.
WOLF, KAHN and LAWRENCE, JJ„ CONCUR.
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Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000)…erences from the facts, and to reach factual conclusions. A defendant is entitled to be tried on the evidence in his or her particular case, rather than on characterizations or testimony about generalized patterns of behavior. See Hamilton v. State, 734 So. 2d 1130 (Fla. 1st DCA 1999); Baskin v. State, 732 So. 2d 1179 (Fla. 1st DCA 1999). Given the particular factual context of this case, we reject the State’s position that any error in the admission of this testimony is harmless beyond a reasonable doubt. Fi…
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K.D. v. State, 779 So. 2d 468 (Fla. 2d DCA 2000)…tution on August 6, 1999, which was rendered on November 23, 1999. This was error. A trial court does not have jurisdiction to hold a restitution hearing or enter an order of restitution after a notice of appeal has been filed. See Edwards v. State, 734 So. 2d 1130 (Fla. 2d DCA 1999); Colson v. State, 711 So. 2d 604 (Fla. 2d DCA 1998). Therefore, we strike the order of restitution. However, because the trial court reserved jurisdiction to hold a restitution hearing, restitution may be reimposed on remand. See…
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- Dean v. State, 690 So. 2d 720 (Fla. 4th DCA 1997)
- Carrington Thomas v. State, 673 So. 2d 156 (Fla. 4th DCA 1996)