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Fernandez v. State

District Court of Appeal of Florida, Fourth District
May 6, 2009
8 So. 3d 491 (Fla. Dist. Ct. App. 2009)

Opinion

No. 4D08-294.

May 6, 2009.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Krista Marx, Judge; L.T. Case No. 07-4367 CFA.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


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.


Summaries of

Fernandez v. State

District Court of Appeal of Florida, Fourth District
May 6, 2009
8 So. 3d 491 (Fla. Dist. Ct. App. 2009)
Case details for

Fernandez v. State

Case Details

Full title:Giancarlo FERNANDEZ, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 6, 2009

Citations

8 So. 3d 491 (Fla. Dist. Ct. App. 2009)