Garvey v. State, 3D99-2179.
| Decision Date | 22 March 2000 |
| Docket Number | No. 3D99-2179.,3D99-2179. |
| Citation | 754 So.2d 130 |
| Parties | Lafoya GARVEY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Shaundra L. Kellam, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Gary K. Milligan, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GODERICH and RAMIREZ, JJ.
The conviction below for aggravated battery with a knife is reversed for a new trial because the prosecutor improperly asked the defendant on cross-examination whether it was "true that you also have cut [another person] with a knife." See Harris v. State, 427 So.2d 234 (Fla. 3d DCA 1983); Ruiz v. State, 395 So.2d 566 (Fla. 3d DCA 1981), review denied, 407 So.2d 1106 (Fla.1981); Donaldson v. State, 369 So.2d 691 (Fla. 1st DCA 1979); Cornatezer v. State, 736 So.2d 1217 (Fla. 5th DCA 1999); Cooper v. State, 659 So.2d 442 (Fla. 2d DCA 1995); Freeman v. State, 630 So.2d 1225 (Fla. 4th DCA 1994). We reject the state's arguments that only harmless error was involved and that the impropriety could be negated by a curative instruction. Harris, 427 So.2d at 234; Ruiz, 395 So.2d at 566.
Reversed.
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Brooks v. State, 2D03-833.
...v. State, 736 So.2d 1217, 1218 (Fla. 5th DCA 1999); see also Dawkins v. State, 605 So.2d 1329, 1330 (Fla. 2d DCA 1992); Garvey v. State, 754 So.2d 130 (Fla. 3d DCA 2000); J.P. v. State, 546 So.2d 753 (Fla. 3d DCA 1989); Finklea v. State, 471 So.2d 596, 597 (Fla. 1st DCA 1985). Thus the ques......
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Ousley v. State, 3D98-3099.
...in conscience find that this is so. Robertson, ___ So.2d at ___ [25 FLW at D900]; McFadden, 732 So.2d at 412; see also Garvey v. State, 754 So.2d 130 (Fla. 3d DCA 2000), and cases cited. A new trial is therefore Reversed and remanded. ...
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