WILLIAM E. FREBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
The Defendant was convicted of breaking and entering with intent to commit a misdemeanor. At trial the eyewitness did not identify the Defendant as the person who committed the breaking and entering and two deputies were called to testify that the eyewitness did identify the Defendant at the scene as the perpetrator. The facts of this case are thus quite similar to those set out in Laws v. State (Fla.4th DCA 1977), Case No. 76-1544, Opinion on Petition for Rehearing issued September 6, 1977. The only material difference is that the Defendant timely objected to the hearsay testimony of the deputies and that causes us to reverse the conviction. See Laws, supra; Willis v. State, 217 So. 2d 106 (Fla. 1968); Willis v. State, 208 So. 2d 458 (Fla.1st DCA 1968); Johnson v. State, 249 So. 2d 452 (Fla.4th DCA 1971). The Judgment and Sentence are reversed and this cause is remanded for new trial in accordance with this opinion.
REVERSED and REMANDED.
ALDERMAN, C. J., and ANSTEAD, J., concur.
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Citator
Cited By
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State v. Freber, 366 So. 2d 426 (Fla. 1978)…OVERTON, Judge. This cause is before the Court on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 352 So. 2d 106 (Fla. 4th DCA 1977). That decision conflicts with Willis v. State, 217 So. 2d 106 (Fla.1968), and Williams v. State, 350 So. 2d 842 (Fla. 1st DCA 1977). We have jurisdiction.1 The issue is whether evidence of a prior out-of-court identification is…
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Williams v. State, 366 So. 2d 429 (Fla. 1978)…cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, reported at 350 So. 2d 842, because it conflicts with Laws v. State, 356 So. 2d 7 (Fla. 4th DCA 1977), and Freber v. State, 352 So. 2d 106 (Fla. 4th DCA 1977). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. Because we have resolved this conflict in State v. Freber, 366 So. 2d 426, Supreme Court Case No. 53037, 1978, the writ must be and is hereby di…
Authorities Cited
- Johnson v. State, 249 So. 2d 452 (Fla. 4th DCA 1971)
- Willis v. State, 208 So. 2d 458 (Fla. 1st DCA 1968)
- Willis v. State, 217 So. 2d 106 (Fla. 1968)