CHARLES EUGENE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a drug sale conviction because the trial court erred in admitting law enforcement testimony about typical drug dealer behavior, which invaded the jury's province and was unfairly prejudicial.
Testimony by a law enforcement officer regarding common practices of drug dealers is inadmissible because it invades the jury's province by suggesting inferences from facts based on general patterns of criminal behavior.
[1] Testimony by a law enforcement officer regarding general patterns of criminal behavior or typical practices of certain offenders is inadmissible as substantive proof of g…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Testimony about the general behavior of certain kinds of offenders is inadmissible as substantive proof of a defendant's guilt. Every defendant has the right to be tried on the evidence, not on the general characteristics or conduct of certain types of criminals.”
Court citing Austin v. State regarding the inadmissibility of general offender behavior testimony.
Eugene Smith was arrested in connection with the sale of a controlled substance. At trial, a narcotics officer testified that the circumstances surrou…
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The defendant, Eugene Smith, appeals his conviction for the sale of a controlled substance. Of the points raised on appeal, we agree that the trial court erred by admitting testimony from a law enforcement officer regarding common practices of drug dealers. Over defense objection, the officer responded affirmatively when the prosecutor asked the following question relative to the circumstances surrounding defendant’s arrest: “And in your years of experience in narcotics work, is this what delivering drugs from one person to another typically looks like?” This testimony invaded the province of the jury by suggesting the inference to be drawn from the facts by comparison to general patterns of criminal behavior, and it was unfairly prejudicial against the defendant. See Austin v. State, 44 So.3d 1260, 1262 (Fla. 1st DCA 2010) (“Testimony about the general behavior of certain kinds of offenders is inadmissible as substantive proof of a defendant’s guilt. Every defendant has the right to be tried on the evidence, not on the general characteristics or conduct of certain types of criminals.”); Lewis v. State, 754 So.2d 897, 902 (Fla. 1st DCA 2000) (holding that a police officer’s testimony based on general patterns of criminal behavior “encroached on the jury’s prerogative to decide between conflicting facts, to draw inferences from the facts, and to reach factual conclusions”). Because we are unable to conclude beyond a reasonable doubt that this error was harmless, we must reverse and remand for a new trial. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
LEWIS, CJ., BENTON and RAY, JJ„ concur.
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Citator
Cited By
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Lawrence v. State (Fla. 5th DCA 2024)
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Lopez v. State (Fla. 2d DCA 2019)
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000)
- Holcy v. State, 44 So. 3d 1260 (Fla. 5th DCA 2010)
- Myles Stinson Austin v. State, 44 So. 3d 1260 (Fla. 1st DCA 2010)