Florida District Courts of Appeal, 1994

Gunter v. State

Gunter v. State
Florida District Courts of Appeal · Decided March 23, 1994 · Anstead, Gerald, Hersey, Mager
633 So. 2d 127; 1994 Fla. App. LEXIS 3012; 1994 WL 90372 (Southern Reporter, Second Series)

Gunter v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, J., and MAGER, GERALD, Senior Judge, concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I believe the trial court erred in allowing the state to extensively question the appellant about the nature of his prior convictions. I do not believe that appellant opened the door to this questioning by denying that he smoked crack cocaine. Further, because the case was essentially a one-on-one between the appellant and an undercover officer who testified he purchased a cocaine rock from appellant, I cannot find the error harmless.

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