Florida District Courts of Appeal, 2000

Garvey v. State

Florida District Courts of Appeal · Decided March 22, 2000 · Goderich, Ramirez, Schwartz

754 So. 2d 130; 2000 Fla. App. LEXIS 3407; 2000 WL 293831 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Brooks v. State (Fla. Dist. Ct. App. 2004)
Ousley v. State (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SCHWARTZ, Chief Judge.

The conviction below for aggravated battery with a knife is reversed for a new trial because the prosecutor improperly asked the defendant on cross-examination whether it was “true that you also have cut [another person] with a knife.” See Harris v. State, 427 So.2d 234 (Fla. 3d DCA 1983); Ruiz v. State, 395 So.2d 566 (Fla. 3d DCA 1981), review denied, 407 So.2d 1106 (Fla. 1981); Donaldson v. State, 369 So.2d 691 (Fla. 1st DCA 1979); Cornatezer v. State, 736 So.2d 1217 (Fla. 5th DCA 1999); Cooper v. State, 659 So.2d 442 (Fla. 2d DCA 1995); Freeman v. State, 630 So.2d 1225 (Fla. 4th DCA 1994). We reject the state’s arguments that only harmless error was involved and that the impropriety could be negated by a curative instruction. Harris, 427 So.2d at 234; Ruiz, 395 So.2d at 566.

Reversed.

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