DENNIS CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Dennis Clark appeals his convictions for two counts of capital sexual battery and one count of lewd fondling. We agree with Clark’s contention that he was denied a fair trial where the jury heard testimony that Clark was on probation at the time that the allegations arose in this case. The testimony constituted an improper implication of collateral crimes, which is presumptively prejudicial. See Gore v. State, 719 So. 2d 1197, 1199 (Fla.1998). The State concedes error in the admission of the testimony, but argues that the evidence supporting Clark’s guilt outweighs any prejudice. Having considered all of the testimony and evidence presented in this case, we are unable to conclude beyond a reasonable doubt that the error did not contribute to the guilty verdicts. See Rimes v. State, 645 So. 2d 1080 (Fla. 2d DCA 1994); Williams v. State, 692 So. 2d 1014, 1015 (Fla. 4th DCA 1997).
Accordingly, we reverse and remand for a new trial. Based on our resolution of this issue, we decline to address the remaining issues Clark raised on appeal.
Reversed and remanded.
PARKER, A.C.J., and FULMER and SALCINES, JJ., Concur.
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Citator
Cited By
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Pastor v. State, 792 So. 2d 627 (Fla. 4th DCA 2001)…alone rather than upon proof that he committed the charged crimes); Griffith v. State, 723 So. 2d 860 (Fla. 1st DCA 1998)(eourt held improper admission of collateral crime evidence in sexual assault case required reversal); see also, Clark v. State, 742 So. 2d 824 (Fla. 2d DCA 1999); Moore v. State, 659 So. 2d 414 (Fla. 2d DCA 1995). Therefore, we reverse the Defendant’s conviction and remand for a new trial. At trial, the victim testified that the Defendant began molesting her when she was five years old. S…
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Clark v. State, 855 So. 2d 691 (Fla. 2d DCA 2003)…the trial court’s summary denial without discussion. Clark was originally charged with and convicted of two counts of capital sexual battery and one count of lewd fondling. In his first direct appeal, Clark was granted a new trial. Clark v. State, 742 So. 2d 824 (Fla. 2d DCA 1999). On retrial, Clark was again found guilty as charged and was sentenced to concurrent life sentences on the capital sexual battery convictions and to a consecutive term of ten years’ imprisonment on the lewd fondling conviction. Cl…
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Jovon Tyrese Mims v. State, 872 So. 2d 453 (Fla. 2d DCA 2004)…ppellant was ‘known to be a larger scale drug dealer’ ” during her trial for drug offenses “was relevant only to the appellant’s bad character and criminal propensity.” Therefore, this court reversed and remanded for a new trial. In Clark v. State, 742 So. 2d 824, 824 (Fla. 2d DCA 1999), a witness testified that the appellant had been on probation when the current charges arose, and this court stated that “[tjhe testimony constituted an improper implication of collateral crimes, which is presumptively prejud…
Authorities Cited
- Gore v. State, 719 So. 2d 1197 (Fla. 1998)
- Williams v. State, 692 So. 2d 1014 (Fla. 4th DCA 1997)
- Rimes v. State, 645 So. 2d 1080 (Fla. 2d DCA 1994)