Legal Opinion · Dissent

Orton v. State

District Court of Appeal of Florida

Decided January 25, 2017No. 4D15-1540Published

1DissentTaylor, J.

I respectfully dissent. I would hold that the trial court reversibly erred in admitting the officer’s testimony regarding the typical beliefs of drug dealers as evidence of appellant’s guilt. This type of testimony is clearly inadmissible and highly prejudicial, and the error in admitting it cannot be considered harmless.

In Reynolds v. State, 74 So.3d 541 (Fla. 4th DCA 2011), we held that the trial court *381reversibly erred in admitting, over the defendant’s speculation objection, an officer’s testimony regarding general criminal behavior as evidence of the defendant’s guilt. We explained:…

2Cases cited10 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. People v. RodriguezCalifornia Supreme Court · 2014
  3. Dean v. StateDistrict Court of Appeal of Florida · 1997
  4. Petion v. StateSupreme Court of Florida · 2010
  5. Drackett Products Co. v. BlueSupreme Court of Florida · 1963

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