Rosario v. State

I agree with the majority that it was error to refuse to permit appellant to exhibit his knees to the jury unless appellant took the stand. Whittington v. State, 656 So.2d 1346 (Fla. 1st DCA 1995). However, I am unable to agree that it is apparent from the record that the error was harmless. Accordingly, I would reverse, and remand for a new trial.

Although the majority would make it appear otherwise, this ease turned on whether the jury found the testimony of Officer Peterson, the undercover officer who made the buy, to be credible. (Neither of the other officers referred to in the majority…