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Whitaker v. State

District Court of Appeal of Florida, First District
Oct 20, 1999
742 So. 2d 530 (Fla. Dist. Ct. App. 1999)

Summary

holding that the "the trial court's sua sponte declaration that [an officer] qualified as an expert constituted an improper comment on the credibility of the witness"

Summary of this case from Norfleet v. State

Opinion

No. 97-3934.

Opinion filed October 20, 1999.

An appeal from the Circuit Court for Duval County, Brad Stetson, Judge.

Nancy A. Daniels, Public Defender; and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellee.


Samuel James Whitaker appeals his judgment and conviction for sale or delivery of cocaine. Whitaker raises four issues, two of which we find have merit. We find that Whitaker's motion to recuse was legally sufficient and that the trial court should have granted the motion. See Robbins v. Robbins, 24 Fla. L. Weekly D2013 (Fla. 2d DCA Aug. 27, 1999) (stating that the allegation that the ex-wife socialized with the trial judge was legally sufficient to require recusal). Furthermore, we find that the trial court's sua sponte declaration that Officer Samuel Koivisto qualified as an expert witness constituted an improper comment on the credibility of the witness. See § 90.106, Fla. Stat. (1997);Fogelman v. State, 648 So.2d 214, 219 (Fla. 4th DCA 1994).

Accordingly, we reverse and remand for a new trial. The chief judge of the fourth judicial circuit shall assign another judge within the circuit to preside over the new trial.

WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.


Summaries of

Whitaker v. State

District Court of Appeal of Florida, First District
Oct 20, 1999
742 So. 2d 530 (Fla. Dist. Ct. App. 1999)

holding that the "the trial court's sua sponte declaration that [an officer] qualified as an expert constituted an improper comment on the credibility of the witness"

Summary of this case from Norfleet v. State

holding that “the trial court's sua sponte declaration that [the witness] qualified as an expert witness constituted an improper comment on the credibility of the witness”

Summary of this case from Osorio v. State
Case details for

Whitaker v. State

Case Details

Full title:SAMUEL JAMES WHITAKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 20, 1999

Citations

742 So. 2d 530 (Fla. Dist. Ct. App. 1999)

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Osorio v. State

See § 90.106, Fla. Stat. (2011) (“A judge may not sum up the evidence or comment to the jury upon the weight…

Norfleet v. State

We agree. See Whittaker v. State , 742 So.2d 530, 530 (Fla. 1st DCA 1999) (holding that the "the trial…