Smith v. State

I respectfully dissent from discharge of the writ of certiorari. When the Court issued the writ after a petition for rehearing, I voted to accept jurisdiction because the decision of the District Court of Appeal, Fourth District, in this case conflicted with Zerega v. State, 260 So.2d 1 (Fla.1972); Baker v. State, 30 Fla. 41, 11 So. 492 (1893); Christiansen v. State, 280 So.2d 41 (Fla.3d DCA 1973); Blocker v. State, 92 Fla. 878, 110 So. 547 (1926). These cases hold that if the predicate to expert testimony is not proved the testimony must be disregarded. I continue to believe there is…