JUAN AVILA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Avila's cocaine trafficking conviction is reversed due to prejudicial error in allowing expert testimony that money might be 'fronted' in narcotics transactions. The testimony was inadmissible character evidence offered to explain the absence of purchase money found on Avila, and the court cannot find the error harmless beyond a reasonable doubt.
The testimony was inadmissible as impermissible character evidence tending to prove guilt based on criminal characteristics rather than evidence, and the erroneous admission was not harmless error beyond a reasonable doubt, requiring reversal and remand for new trial.
[1] Expert testimony that money may be "fronted" in narcotics transactions is inadmissible if it serves to explain the absence of purchase money on a defendant at the time of…
[2] Admission of expert testimony that money may be "fronted" in narcotics transactions, when used to explain the absence of purchase money on a defendant, is prejudicial err…
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Establishes the controlling precedent that makes the testimony in Avila's case inadmissible as character evidence
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Join FLexlaw to unlock all legal intelligenceAvila was arrested following a narcotics transaction arranged by a confidential informant at law enforcement's behest. Police observed Avila pass a pa…
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PER CURIAM.
We reverse Avila’s conviction for trafficking in cocaine because of prejudicial error in admitting expert testimony that in narcotics transactions money may be “fronted.” This testimony was the state’s explanation for the failure to find narcotics purchase money on Avila at the time of his arrest. As to all other issues raised, we find no reversible error. Avila was arrested after a narcotics transaction arranged by a confidential informant at the behest of law enforcement officers. Police officers observed him pass a package to the informant and the informant’s car was stopped and searched shortly thereafter. The package was in the car and contained cocaine. The confidential informant did not testify at trial.
Avila established, through cross-examination of a detective who participated in the arrest, that when arrested, no money or cocaine was found in Avila’s possession. On re-direct, the state inquired of the detective as follows:
Q [STATE]: Is it unusual, Detective, based on your training and experience that either money be fronted—
* * * * *
Q: Does it happen?
A [AMBROSE]: Yes, it does.
This case is controlled by our previous decision in Shelton v. State, 654 So. 2d 1295 (Fla. 4th DCA 1995). In Shelton, as in this case, the defendant sought to establish his innocence by showing that no money or drugs were found on him at the time of arrest; on cross-examination, a police officer was permitted to testify that on arrest in a narcotics transaction, it is not unusual not to find the money paid for the drugs on the subject. The testimony in Shelton was held inadmissible and highly prejudicial because it tended to prove the defendant’s guilt not on the evidence against him, but on proof of “characteristics or conduct of certain classes of criminals.” Id. at 1296 (quoting Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991)).
Following Shelton, we deem the instant testimony inadmissible. Furthermore, based on the record, we are unable to say beyond a reasonable doubt that the erroneous admission of testimony regarding the “front money” did not harmfully affect the verdict. See Shelton; see generally Goodwin v. State, 751 So. 2d 537" (Fla.1999)(re-affirming DiGuilio1 test for determining harmless error under section 924.051(3), Florida Statutes).
Accordingly, we reverse and remand for a new. trial. As to the other issues raised, we find no reversible error or abuse of discretion. HAZOURI, J. and STETTIN, HERBERT, Senior Judge, concur. STONE, J., concurs specially with • opinion.
. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986)
STONE, J.,
concurring specially.
I agree that this result is compelled by applying Shelton. However, I would recede from that opinion, at least to the extent that the testimony in question is not used by the state to indicate the defendant’s guilt. Of particular concern is the context, as here, where the state uses the testimony to neutralize the impression left by cross-examination, or a defense argument, that the described behavior or evidence, or lack thereof, indicates innocence.
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Mounds v. State, 778 So. 2d 514 (Fla. 4th DCA 2001)…criminals in general. Florida courts have frequently criticized the use of testimony from police officers regarding their experience with other criminals as substantive proof of a particular defendant’s guilt or innocence. See also Avila v. State, 762 So. 2d 934 (Fla. 4th DCA 2000); Shelton v. State, 654 So. 2d 1295 (Fla. 4th DCA 1995). In the instant case, this testimony was offered to prove that criminal activity was taking place at the residence. It was irrelevant and highly prejudicial. See Lowder, 589…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
- Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991)
- Shelton v. State, 654 So. 2d 1295 (Fla. 4th DCA 1995)