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J.A.O. v. State

District Court of Appeal of Florida, Third District
Oct 10, 1989
549 So. 2d 1124 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-71.

October 10, 1989.

Appeal from the Circuit Court, Dade County, Seymour Gelber, J.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and COPE, JJ.


J.A.O., a juvenile, appeals an adjudication of delinquency. He alleges error in the exclusion of testimony about previous altercations with the victim, offered in support of his claim of self-defense to a battery.

Finding that the excluded testimony was central to J.A.O.'s claim of self-defense, E.B. v. State, 531 So.2d 1053 (Fla. 3d DCA 1988), and that evidence of prior encounters between the victim and defendant was relevant, Barnes v. State, 406 So.2d 539 (Fla. 1st DCA 1981), review denied, 413 So.2d 877 (Fla. 1982), and admissible, White v. State, 59 Fla. 53, 52 So. 805 (1910), we reverse and remand for a new trial.

Reversed and remanded.


Summaries of

J.A.O. v. State

District Court of Appeal of Florida, Third District
Oct 10, 1989
549 So. 2d 1124 (Fla. Dist. Ct. App. 1989)
Case details for

J.A.O. v. State

Case Details

Full title:J.A.O., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 10, 1989

Citations

549 So. 2d 1124 (Fla. Dist. Ct. App. 1989)