Purifoy v. State

Lewis Purifoy appeals his convictions for battery on a law enforcement officer and resisting arrest with violence, contending the trial court erred in refusing to allow the surrebuttal testimony of his wife which would have contradicted the testimony of the state’s rebuttal witness, Sergeant Jones. We reverse and remand for a new trial.

Surrebuttal testimony is admissible in Florida to refute new testimony which is brought out by the state’s rebuttal witness. Reaves v. State, 531 So.2d 401 (Fla. 5th DCA 1988); compare Rose v. Madden & McClure Grove Service, 629 So.2d 234, 236 (Fla. 1st DCA…