Diaz v. State

The appellant, Juan Diaz, timely appeals the judgment and sentence entered after a jury found him guilty of robbery -with a deadly weapon. Diaz contends the lower court erred in denying his motion for mistrial made after the prosecutor referred to subject matter that was excluded before trial, and in allowing a detective to testify to hearsay statements. We agree that it was error to admit hearsay testimony from a non-testifying witness and, therefore, reverse and remand for a new trial.

Before trial, the court granted the defense’s motion in limine to exclude testimony regarding an anonymous…