Legal Opinion

Burton v. State

District Court of Appeal of Florida

Decided November 3, 1999No. 98-01689Published

1Opinion of the Court

SALCINES, Judge.

On appeal, Kenneth Burton raises two issues of which only one merits discussion. Burton raised a theory of self-defense. His trial counsel attempted to question Burton concerning prior acts of violence by the victim of which he was aware. The trial court improperly precluded the introduction of this evidence. See Smith v. State, 661 So.2d 358, 361 (Fla. 1st DCA 1995). However, this court cannot ascertain whether this resulted in reversible error because trial counsel failed to make a proffer of the testimony Burton would have given had he been allowed to testify. See Williams…

2Cases cited2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1992
  2. Smith v. StateDistrict Court of Appeal of Florida · 1995

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