Legal Opinion · Concurrence

Baker v. State

District Court of Appeal of Florida

Decided December 19, 2012No. 4D11-2593Published

1ConcurrenceLevine, J.

I agree with the majority that this court should reverse appellant’s conviction and remand for a new trial. I believe, however, that the majority is incorrect in stating that the “trial court did not err in finding that Baker opened the door to cross-examination about the fact that Baker previously had been arrested.” While I agree with the majority that the trial court erred in delving “into the nature of the particular arrests,” I also believe that the trial court erred in allowing the state to question appellant about the fact that he had been previously arrested.

At trial, appellant tried…

2Cases cited3 opinions

  1. Bozeman v. StateDistrict Court of Appeal of Florida · 1997
  2. Gonzalez v. City of TampaDistrict Court of Appeal of Florida · 2000
  3. Modeste v. StateDistrict Court of Appeal of Florida · 2000

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