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Mattox v. State

District Court of Appeal of Florida, First District
Mar 16, 2011
56 So. 3d 895 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D09-6430.

March 16, 2011.

An appeal from the Circuit Court for Duval County. David M. Gooding, Judge.

Nancy A. Daniels, Public Defender, Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.


Appellant challenges the judgment and sentence entered after he was found guilty by a jury of two counts of armed robbery. Appellant contends the trial court erroneously overruled his objection to the prosecution's questions concerning the nature of the crime for which he was on probation after Appellant had already admitted on direct examination that he was on probation for a felony. The State properly concedes error, and we reverse. See Rodriguez v. State, 761 So.2d 381, 383 (Fla. 2d DCA 2000) (holding, "When the witness admits his or her convictions, a trial court errs by allowing the State to question the witness about the specific convictions."). Accord, Kyle v. State, 650 So.2d 127, 127-28 (Fla. 4th DCA 1995).

REVERSED and REMANDED for proceedings consistent with this opinion.

VAN NORTWICK, THOMAS, and MARSTILLER, JJ., concur.


Summaries of

Mattox v. State

District Court of Appeal of Florida, First District
Mar 16, 2011
56 So. 3d 895 (Fla. Dist. Ct. App. 2011)
Case details for

Mattox v. State

Case Details

Full title:Greg MATTOX, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 16, 2011

Citations

56 So. 3d 895 (Fla. Dist. Ct. App. 2011)

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