Florida District Courts of Appeal, 1989

Johns v. State

Johns v. State
Florida District Courts of Appeal · Decided August 15, 1989 · Jorgenson, Levy, Schwartz
547 So. 2d 345; 14 Fla. L. Weekly 1924; 1989 Fla. App. LEXIS 4620; 1989 WL 90909 (Southern Reporter, Second Series)

Johns v. State

Opinion of the Court

PER CURIAM.

The appellant’s conviction for robbery with a firearm is reversed for a new trial because the prosecutor’s cross-examination of the defendant concerning his prior convictions, which repeatedly and sarcastically emphasized the issue, prejudicially went beyond the boundaries of the simple question and answer permitted by the applicable law. See McArthur v. Cook, 99 So.2d 565 (Fla. 1957); Sneed v. State, 397 So.2d 931 (Fla. 5th DCA 1981); see also Bryan v. State, 533 So.2d 744 (Fla. 1988), cert. denied, — U.S. -, 109 S.Ct. 1765, 104 L.Ed.2d 200 (1989).

It is unnecessary to discuss the remaining points because they are unlikely to recur at the new trial.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.