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177 So. 2d 756

Jenkins v. State

District Court of Appeal of Florida

Decided August 17, 1965

District Court of Appeal of Florida · decided 1965-08-17

Relies on Wolf v. State · Gafford v. State · Watkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-08-17

How this case has been cited

Cited by 4 later decisions — most recently July 1984

4 state decisions

20196519701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BARKDULL, Judge.

¶1The appellant, defendant in the trial court, was tried non-jury and adjudicated guilty of attempted rape, and sentenced to three years in the State Prison. He has perfected this appeal and preserved for review, among other things, the propriety of the trial judge permitting into evidence certain statements made by the defendant during the trial while in the custody of law enforcement officers, to the effect that he would bet them $100.00 that he would not be convicted and if he was he would be placed on probation.

¶2Even though these statements might have been voluntarily made, they were completely immaterial and irrelevant to the issue being tried, and would certainly have tended to besmirch the character and demeanor of the defendant, possibly prejudicing the trier of the fact and could only have been introduced for this purpose, said statements being wholly irrelevant to the State s case. See: Watkins v. State, 69 Fla. 355, 68 So. 176; Wolf v. State, 72 Fla. 572, 73 So. 740; Gafford v. State, 79 Fla. 581, 84 So. 602.

¶3Therefore, the conviction and final judgment here under review is hereby reversed, and this cause remanded to the trial court for the purpose of a new trial.

¶4Reversed and remanded with directions.

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