Legal Opinion

Mohorn v. State

District Court of Appeal of Florida

Decided January 4, 1985No. 84-381PublishedCited by 2 opinions

1Opinion of the Court

BARKETT, Judge.

Pursuant to Jenkins v. State, 444 So.2d 947 (Fla.1984), we reverse the imposition of court costs and costs assessed against the defendant for the Crimes Compensation Fund. We remand for a determination of defendant’s ability to pay after adequate notice to defendant.

We further find it was error for the prosecutor to elicit testimony from the state witness on direct examination that he had never been convicted of a crime and to comment on that testimony in closing argument. The good character of a witness may not be supported unless it has been impeached by evidence. Whitted v.…

2Cases cited4 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Johnson v. FloridaSupreme Court of the United States · 1981
  3. Palmes v. StateSupreme Court of Florida · 1981
  4. Whitted v. StateSupreme Court of Florida · 1978

3Cited by2 opinions

  1. Scurry v. StateDistrict Court of Appeal of Florida · 1986
  2. Shipman v. StateDistrict Court of Appeal of Florida · 1994

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