Hamilton v. State

ORFINGER, Chief Judge.

The issue on appeal is whether or not a prior conviction for petty theft is a crime by which a witness’ credibility may be impeached under section 90.610(1), Florida Statutes (1981).1 We hold that it may be so used, and we affirm.

After the State rested in this prosecution for second degree grand theft, defendant made a motion in limine to prevent the State from using the prior petty theft conviction for impeachment purposes, without a prior showing that such conviction involved either “dishonesty or moral turpitude.” The trial court said that “if stealing wasn’t…