Legal Opinion · Dissent

Crumbie v. State

District Court of Appeal of Florida

Decided July 24, 2009No. 1D07-4747Published

1Dissent

CLARK, J.,

dissent.

I disagree with the majority and would reverse the conviction.

Relevant evidence is inadmissible if its probative value is substantially outweighed *896by the danger of unfair prejudice. § 90.403, Fla. Stat. Evidence of prior crimes is inadmissible where its sole relevancy is to attack the character of the defendant or to show the defendant’s propensity to commit a crime. State v. Vazquez, 419 So.2d 1088 (Fla.1982).

The decision of whether probative value is outweighed by prejudice is a judgment call for the trial court and will be upheld absent an abuse of discretion. Because the…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. McLean v. StateSupreme Court of Florida · 2006
  3. State v. VazquezSupreme Court of Florida · 1982
  4. Henderson v. StateDistrict Court of Appeal of Florida · 2000
  5. Brooks v. StateDistrict Court of Appeal of Florida · 2004

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