LEE MASON, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Judge.
Mason was convicted and sentenced to fifteen years imprisonment for the crime of assault to commit rape.
At the scene of the crime a wallet was found containing a number of pieces of paper of identification. Among the papers in the wallet was a newspaper clipping stating that Lee Mason had been acquitted in Pennsylvania of assaulting a fifteen year old girl. During the trial the wallet was introduced in evidence and over objection the newspaper clipping was introduced as a separate exhibit.
The newspaper clipping was not a part of the res gestae. Evidence of the crime committed in Pennsylvania had no relevancy or material bearing on the essential aspects of the crime for which Mason was being tried, and its only relevancy was to show the bad character of the accused. Williams v. State, Fla.1959, 110 So. 2d 654; Davis v. State, Fla.App. 1973, 276 So. 2d 846. The exhibit was highly prejudicial to Mason and the lower court’s error in permitting its introduction could not be considered harmless.
The judgment appealed is
Reversed and remanded for a new trial.
MANN, C. J., and BOARDMAN, J., concur.
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Citator
Cited By
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Lawson v. State, 304 So. 2d 522 (Fla. 3d DCA 1974)…that the prosecutorial zeal exercised was excessive and mandates a new trial. See, State v. Davis, Fla.1974, 290 So. 2d 30; Drayton v. State, Fla.App.1974, 292 So. 2d 395; Marion v. State, Fla.App.1974, 287 So. 2d 419; Mason v. State, Fla.App.1973, 286 So. 2d 17; Denson v. State, Fla.App.1972, 264 So. 2d 442; Lucas v. State, Fla.App.1971, 257 So. 2d 261. These recent cases all indicate an increasing concern by the courts of this state with the prosecution’s sometimes stubborn determination to introduce evi…
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Davis v. State, 537 So. 2d 1061 (Fla. 1st DCA 1989)…the women’s photos had relevance to pattern or plan of criminality. The remaining items show the context of the relevant photos among the diverse other material, none of which approached the level of prejudice of the news clipping in Mason v. State, 286 So. 2d 17 (Fla. 2d DCA 1973). Accordingly, appellant’s convictions and sentences are AFFIRMED. WENTWORTH, J., concurs. ERVIN, J., concurs and dissents with written opinion. . The statute requires notice "no fewer than ten days before trial.” . Appellant’…1 / 2
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Travelers Ins. Co. v. Dieas, 293 So. 2d 362 (Fla. 1974)…Certiorari denied. 286 So. 2d 17. ROBERTS, ERVIN, BOYD and DEKLE, JJ., concur. ADKINS, C. J., dissents.…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Cullen Davis v. State, 276 So. 2d 846 (Fla. 2d DCA 1973)