Warren v. State

Full title: JAMES WARREN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 16, 1982

421 So. 2d 808 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-504.

November 16, 1982.

Appeal from the Circuit Court for Dade County, Murray Goldman, J.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The State concedes that it was error for the trial court to deny the defendant an opportunity to present lay testimony on the issue of his sanity at the time of the alleged violation of probation. Butler v. State, 261 So.2d 508 (Fla. 1st DCA 1972). The State's argument that a proffer of the testimony is required is without merit. Brown v. State, 362 So.2d 437 (Fla. 4th DCA 1978).

Reversed and remanded for further proceedings.