Florida District Courts of Appeal, 1992

Biggs v. State

Biggs v. State
Florida District Courts of Appeal · Decided August 11, 1992 · Barkdull, Cope, Gersten
602 So. 2d 993; 1992 Fla. App. LEXIS 9079; 1992 WL 191592 (Southern Reporter, Second Series)

Biggs v. State

Dissenting Opinion

COPE, Judge

(dissenting).

In my view the evidence of defendant’s prior criminal acts did not satisfy any of the criteria contained in subsection 90.404(2), Florida Statutes (1989), and was consequently inadmissible. See C. Ehrhardt, Florida Evidence §§ 404.10, 404.12, 404.13, 404.14, 404.16 (1992); M. Graham, Handbook of Florida Evidence § 404.2 (1987). I would reverse the judgment and remand for a new trial.

Opinion of the Court

PER CURIAM.

Affirmed. Czubak v. State, 570 So.2d 925 (Fla. 1990); Green v. State, 427 So.2d 1036 (Fla. 3d DCA), review denied, 438 So.2d 834 (Fla. 1983); Heuring v. State, 513 So.2d 122 (Fla. 1987).

BARKDULL and GERSTEN, JJ., concur.

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