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Osario v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 1988
526 So. 2d 157 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1203.

May 18, 1988. Rehearing Denied June 29, 1988.

Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.


The admission of rebuttal testimony by the arresting officer, concerning his experience with common drug courier practices, was irrelevant to any of the substantive issues in this case. Additionally, it was not within the scope of cross examination, nor was it introduced as background to explain the officer's conduct. See United States v. Hernandez-Cuartas, 717 F.2d 552 (11th Cir.), reh'g denied, 721 F.2d 822 (11th Cir. 1983). The error in this case was not harmless.

The judgment and sentence are, therefore, reversed and the case remanded for further proceedings.

DOWNEY and LETTS, JJ., concur.


Summaries of

Osario v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 1988
526 So. 2d 157 (Fla. Dist. Ct. App. 1988)
Case details for

Osario v. State

Case Details

Full title:WALTER OSARIO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 29, 1988

Citations

526 So. 2d 157 (Fla. Dist. Ct. App. 1988)

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