Legal Opinion

Ortiz v. State

District Court of Appeal of Florida

Decided January 30, 2015No. 2D13-3645Published

1Opinion of the Court

MORRIS, Judge.

Robert Anthony Ortiz appeals his judgments and sentences for robbery (with discharge of a firearm) and fleeing or eluding a law enforcement officer. We agree with Ortiz that the trial court erred by allowing the State to inquire about the nature of Ortiz’s prior convictions during cross-examination. See Rodriguez v. State, 761 So.2d 381, 383 (Fla. 2d DCA 2000); Britton v. State, 604 So.2d 288, 291 (Fla. 2d DCA 1992). However, Ortiz failed to preserve this issue for appeal, and we decline to find fundamental error. Instead, based on our review of all the evidence, we conclude…

2Cases cited4 opinions

  1. Fleming v. StateMississippi Supreme Court · 1992
  2. Riechmann v. StateSupreme Court of Florida · 1991
  3. Houston v. StateDistrict Court of Appeal of Florida · 1976
  4. Rodriguez v. StateDistrict Court of Appeal of Florida · 2000

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