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Florida District Courts of Appeal, 1987

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided July 15, 1987 · Hersey, Letts, Walden
510 So. 2d 1005; 12 Fla. L. Weekly 1704; 1987 Fla. App. LEXIS 9366 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Gwen Smith was convicted of a criminal offense. We hold that reversible error was committed because the court allowed Ms. Smith to be impeached by a written statement without making a finding that the statement was voluntarily given. The record does not support the state’s claim that such finding was implicitly made.

*1006We reverse and remand for a new trial upon authority of Nowlin v. State, 346 So.2d 1020, 1024 (Fla. 1977).

REVERSED AND REMANDED.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.

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