Legal Opinion

White v. State

District Court of Appeal of Florida

Decided November 25, 1981No. 81-57PublishedCited by 3 opinions

1Opinion of the Court

OTT, Judge.

Appellant was convicted of burglary, robbery, and sexual battery. We find merit in his contention that the trial court committed reversible error in permitting the state to present evidence, over appellant’s objection, of another sexual assault.

It has long been the rule in this state that evidence of an independent crime is inadmissible if its only purpose is to blacken the character of the defendant or suggest his propensity for criminal conduct. Williams v. State, 110 So.2d 654 (Fla. 1959). Where, as here, the identity of the defendant is a material issue, evidence of a…

2Cases cited3 opinions

  1. Williams v. StateSupreme Court of Florida · 1959
  2. Duncan v. StateDistrict Court of Appeal of Florida · 1974
  3. Davis v. StateDistrict Court of Appeal of Florida · 1979

3Cited by3 opinions

  1. Diaz v. StateDistrict Court of Appeal of Florida · 1982
  2. Freeman v. StateDistrict Court of Appeal of Florida · 1989
  3. State v. WhiteDistrict Court of Appeal of Florida · 1983

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