Florida District Courts of Appeal, 2014

Makranczy v. State

Makranczy v. State
Florida District Courts of Appeal · Decided November 20, 2014 · Osterhaus, Rowe, Wolf
150 So. 3d 287; 2014 Fla. App. LEXIS 18959; 2014 WL 6478643 (Southern Reporter, Third Series)

Makranczy v. State

Opinion of the Court

WOLF, J.

Appellant challenges his convictions, and sentences for aggravated battery and criminal mischief. He raises a number of *288issues, only one of which we need to address because it is dispositive. We determine the trial court reversibly erred in limiting cross-examination of the victim concerning his consultation with an attorney in contemplation of a civil suit. See Wooten v. State, 464 So.2d 640 (Fla. 3d DCA 1985) (finding that it is reversible error to prohibit cross-examination of an alleged victim in a criminal case on the subject of whether the victim had hired an attorney to file a law suit on his behalf against the defendant even when a civil action is merely contemplated). We also cannot say the error was harmless based on the facts of this case.

REVERSED and REMANDED for a new trial.

ROWE and OSTERHAUS, JJ., concur.

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