Florida District Courts of Appeal, 1989

Strachon v. State

Strachon v. State
Florida District Courts of Appeal · Decided June 28, 1989 · Dell, Glickstein, Hersey
546 So. 2d 65; 14 Fla. L. Weekly 1569; 1989 Fla. App. LEXIS 3571; 1989 WL 80726 (Southern Reporter, Second Series)

Strachon v. State

Opinion of the Court

PER CURIAM.

Affirmed.

HERSEY, C.J., and DELL, J., concur. GLICKSTEIN, J., dissents with opinion.

Dissenting Opinion

GLICKSTEIN, Judge,

dissenting.

I would reverse and remand for new trial. The prosecutor, in the middle of the defense case, was able to inject belatedly the issue of appellant’s probation status at the time of the commission of the crime. Her probation status should not have been brought to the jury’s attention before it was established that it was relevant to her motive in committing the purported crime.

At oral argument, I suggested her motive was not relevant to the charge, anyway, this being murder in the second degree. Defense counsel has, subsequent to that argument, provided the court with supplemental authority to support that view. See State v. Evans, 432 So.2d 584 (Fla. 2d DCA 1983).

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