Fernandez v. State
Fernandez v. State
8 So. 3d 491; 2009 Fla. App. LEXIS 4204; 2009 WL 1212090
(Southern Reporter, Third Series)
Fernandez v. State
Opinion of the Court
Giancarlo Fernandez appeals his conviction and sentence for burglary of an occupied dwelling with assault or battery. Fernandez raises two issues on appeal. The first we affirm without discussion on the basis of Ferguson v. State, 417 So.2d 639 (Fla. 1982). As to the second issue— that the trial court reversibly erred by permitting a lay witness to provide expert testimony regarding a shoe print left at the scene — we affirm because established Florida law has determined that such testimony may be presented by a lay witness. See Irvin v. State, 66 So.2d 288 (Fla. 1953); White v. State, 375 So.2d 622 (Fla. 4th DCA 1979.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.