Cooper v. State

Contrary to the holding in State v. Delgado-Santos, 497 So.2d 1199 (Fla.1986), approving Delgado-Santos v. State, 471 So.2d 74 (Fla. 3d DCA 1985),1,2 a highly inculpato-ry sworn statement given to police investigators by a key witness, the defendant's daughter, which was inconsistent with her trial testimony,3 was introduced as substantive evidence against him in his second degree murder trial. Because we cannot agree with the state either that this clear error was not properly preserved below or that it was merely harmless, a new trial is required.

Reversed and remanded.. Delgado-Santos was…