State v. Gaines

OPINION

GERBER, Judge.

Appellant Anthony Gaines (Gaines) appeals from his conviction and sentence for second degree burglary. We hold that the trial court erred in permitting the state to cross-examine Gaines regarding his physical characteristics. Because we find that this ruling constituted prejudicial error, we reverse the conviction and remand for re-trial.

FACTS AND PROCEDURAL HISTORY

Mark O’Leary (O’Leary) saw two men enter a neighbor’s garage. O’Leary told his step-father, Dennis Plummer (Plummer), what he had seen. Plummer and O’Leary saw the men exit the garage with the neighbor’s…