Florida District Courts of Appeal, 1982

Warren v. State

Warren v. State
Florida District Courts of Appeal · Decided November 16, 1982 · Barkdull, Jorgenson, Nesbitt
421 So. 2d 808; 1982 Fla. App. LEXIS 28182 (Southern Reporter, Second Series)

Warren v. State

Opinion of the Court

PER CURIAM.

The State concedes that it was error for the trial court to deny the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation. Butler v. State, 261 So.2d 508 (Fla. 1st DCA 1972). The State’s argument that a proffer of the testimony is required is without merit. Brown v. State, 362 So.2d 437 (Fla. 4th DCA 1978).

Reversed and remanded for further proceedings.

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