Legal Opinion

Charles Eugene Smith v. State of Florida

District Court of Appeal of Florida

Decided January 5, 2015No. 1D13-5421PublishedCited by 1 opinion

1Per curiam

The defendant, Eugene Smith, appeals his conviction for the sale of a controlled substance. Of the points raised on appeal, we agree that the trial court erred by admitting testimony from a law enforcement officer regarding common practices of drug dealers. Over defense objection, the officer responded affirmatively when the prosecutor asked the following question relative to the circumstances surrounding defendant’s arrest: “And in your years of experience in narcotics work, is this what delivering drugs from one person to another typically looks like?” This testimony invaded the province of…

2Cases cited3 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Lewis v. StateDistrict Court of Appeal of Florida · 2000
  3. Austin v. StateDistrict Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. Eric Lawrence v. State of FloridaDistrict Court of Appeal of Florida · 2024

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