Florida District Courts of Appeal, 2000

Wencel v. State

Wencel v. State
Florida District Courts of Appeal · Decided January 19, 2000 · Dell, Gunther, Warner
751 So. 2d 674; 2000 Fla. App. LEXIS 310; 2000 WL 36282 (Southern Reporter, Second Series)

Wencel v. State

Dissenting Opinion

WARNER, C.J.,

dissenting.

I would reverse based upon State v. Baird, 572 So.2d 904, 908 (Fla. 1990) which provides that when the only reason for admitting collateral crime evidence is to show a logical sequence of events, “the better practice is to allow the officer to state that he acted upon a ‘tip’ or ‘information received,’ without going into the details of the accusatory information.” (citation omitted). Here, the officers testified that they were responding to several different calls regarding burglaries in one neighborhood occurring at 4:00 a.m. The testimony regarding the officer’s responses to these calls was extensive, and I cannot conclude that the introduction of this testimony was harmless.

Opinion of the Court

PER CURIAM.

AFFIRMED.

DELL and GUNTHER, JJ„ concur. WARNER, C.J., dissents with opinion.

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