Legal Opinion · Concurrence

Oyler v. State

District Court of Appeal of Florida

Decided February 6, 2015No. 5D14-307Published

1ConcurrenceTorpy, C.J.

Although the majority determined that it is unnecessary to address an evidentiary issue raised by Appellant, I think the trial judge erred in allowing the officers to tes*202tify regarding the reputation of the “Plenty of Fish” dating website. This evidence was not relevant. See Austin v. State, 44 So.3d 1260, 1262-63 (Fla. 1st DCA 2010) (error in drug trafficking case in allowing trooper’s testimony regarding “general behavior patterns” of drug dealers; defendant has right to be tried on evidence, not general characteristics or conduct of certain types of criminals); Dean v. State, 690 So.2d…

2Cases cited3 opinions

  1. Conley v. StateSupreme Court of Florida · 1993
  2. Dean v. StateDistrict Court of Appeal of Florida · 1997
  3. Austin v. StateDistrict Court of Appeal of Florida · 2010

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