McFadden v. State, 98-91.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | SCHWARTZ, Chief. |
| Citation | 732 So.2d 412 |
| Parties | Gregory McFADDEN, Appellant, v. The STATE of Florida, Appellee. |
| Docket Number | No. 98-91.,98-91. |
| Decision Date | 14 April 1999 |
732 So.2d 412
Gregory McFADDEN, Appellant,v.
The STATE of Florida, Appellee
No. 98-91.
District Court of Appeal of Florida, Third District.
April 14, 1999.
Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.
SCHWARTZ, Chief Judge.
The appellant's conviction of the domestic battery of Sharon Hudgins is reversed for a new trial because of a series of interrelated errors arising from the introduction of evidence, in purported impeachment of his testimony at trial, that the defendant had previously pled guilty to a separate aggravated battery upon the same identified victim in a case in which adjudication was withheld:
1. First and fundamentally, we conclude that there should have been no reference whatever to the previous case because withholding adjudication simply does not result in the defendant's having been "convicted" of an offense as is required to impeach a witness under section 90.610(1), Florida Statutes (1997).1 We hold that this is true even though it was preceded by a plea of guilty, rather than one of nolo contendere as in State v. Raydo, 713 So.2d 996 (Fla.1998). We recognize that there is Florida authority which points in the opposite direction, see Johnson v. State, 449 So.2d 921 (Fla. 1st DCA)(guilty plea), review denied, 458 So.2d 274 (Fla.1984); Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982)(jury verdict of guilt); see also Raydo v. State, 696 So.2d 1225, 1226 (Fla. 1st DCA 1997)(distinguishing between withhold after guilty plea and after nolo plea), approved in part, quashed in part, 713 So.2d 996 (Fla.1998), and that the Supreme Court has specifically declined to reach this very question in Raydo, 713 So.2d at 1001 n. 7 (Fla.1998). Like the Fifth District in Parker v. State, 563 So.2d 1130, 1131 (Fla. 5th DCA 1990), dismissed, 569 So.2d 1280 (Fla.), however, we rely on and follow the reasoning of then-Judge Anstead in Roberts v. State, 450 So.2d 1126, 1127 (Fla. 4th DCA 1984)(Anstead, J., specially concurring), review denied, 461 So.2d 116 (Fla.), which expressed his disagreement with Barber on the ground that:
However logical this view may appear, I presume the legislature was aware, when it enacted section 90.610(1) that the Florida Supreme Court had already announced:
This court has so often...
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Sanchez v. Sec'y, Fla. Dep't of Corr., Case No. 3:16-cv-1400-J-34MCR
...of the punishment." A withhold of adjudication does not qualify as a conviction for purposes of section 90.610. McFadden v. State, 732 So. 2d 412, 413 (Fla. 3d DCA 1999). The record refutes Sanchez's allegations concerning the prior records of the victim and Jarrell. During a Nelson hearing......
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State v. McFadden, SC95614.
...Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Respondent. PARIENTE, J. We have for review McFadden v. State, 732 So.2d 412 (Fla. 3d DCA 1999), based on express and direct conflict with Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982), and Johnson v. State, 449 S......
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Vives v. Verzino, 28,480.
...adjudication of guilt is controlling in New Mexico as to whether he is required to register. Citing two Florida cases, McFadden v. State, 732 So.2d 412 (Fla.Dist.Ct.App.1999) and Overstreet v. State, 629 So.2d 125 (Fla.1993), Petitioner argues that Florida has treated the withholding of adj......
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Rooney v. Hannon, 97-0920.
...with end stage AIDS. This latitude did not extend to question the members of Maria Dingee's family about their immigration status. 732 So.2d 412 Any errors in the admission of testimony concerning the immigration status and the deposition of David Dingee were harmless. They did not become t......
-
Sanchez v. Sec'y, Fla. Dep't of Corr., Case No. 3:16-cv-1400-J-34MCR
...of the punishment." A withhold of adjudication does not qualify as a conviction for purposes of section 90.610. McFadden v. State, 732 So. 2d 412, 413 (Fla. 3d DCA 1999). The record refutes Sanchez's allegations concerning the prior records of the victim and Jarrell. During a Nelson hearing......
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State v. McFadden, SC95614.
...Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Respondent. PARIENTE, J. We have for review McFadden v. State, 732 So.2d 412 (Fla. 3d DCA 1999), based on express and direct conflict with Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982), and Johnson v. State, 449 S......
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Vives v. Verzino, 28,480.
...adjudication of guilt is controlling in New Mexico as to whether he is required to register. Citing two Florida cases, McFadden v. State, 732 So.2d 412 (Fla.Dist.Ct.App.1999) and Overstreet v. State, 629 So.2d 125 (Fla.1993), Petitioner argues that Florida has treated the withholding of adj......
-
Rooney v. Hannon, 97-0920.
...with end stage AIDS. This latitude did not extend to question the members of Maria Dingee's family about their immigration status. 732 So.2d 412 Any errors in the admission of testimony concerning the immigration status and the deposition of David Dingee were harmless. They did not become t......