Fogelman v. State

Full title: JOHN FOGELMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 16, 1993

625 So. 2d 893 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-0042.

October 6, 1993. Rehearing and Clarification Denied November 16, 1993.

Appeal from the Circuit Court, Broward County, J. Leonard Fleet, J.

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse the defendant's conviction and sentence. The trial court erroneously admitted evidence of similar crimes under section 90.404(2)(a), Florida Statutes (1991). Whitehead v. State, 528 So.2d 945 (Fla. 4th DCA 1988); Thompson v. State, 494 So.2d 203 (Fla. 1986). We cannot find that the error was harmless.

GLICKSTEIN, FARMER and KLEIN, JJ., concur.