Florida District Courts of Appeal, 2009

Fernandez v. State

Fernandez v. State
Florida District Courts of Appeal · Decided May 6, 2009 · Ciklin, Hazouri, Polen
8 So. 3d 491; 2009 Fla. App. LEXIS 4204; 2009 WL 1212090 (Southern Reporter, Third Series)

Fernandez v. State

Opinion of the Court

PER CURIAM.

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.)

POLEN, HAZOURI and CIKLIN, JJ., concur.

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