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462 So. 2d 81

462 So.2d 81

10 Fla.L.Weekly 126

Mohorn v. State

District Court of Appeal of Florida

Decided January 4, 1985

District Court of Appeal of Florida · decided 1985-01-04

Cited by 2 later decisions — most recently October 1994

2 state decisions

Relies on Blanton v. General Electric Credit Corp. · Johnson v. Florida · 444 So. 2d 947 - Jenkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-04

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BARKETT, Judge.

¶1Pursuant to Jenkins v. State, 444 So.2d 947 (Fla.1984), we reverse the imposition of court costs and costs assessed against the defendant for the Crimes Compensation Fund. We remand for a determination of defendant’s ability to pay after adequate notice to defendant.

¶2We further find it was error for the prosecutor to elicit testimony from the state witness on direct examination that he had never been convicted of a crime and to comment on that testimony in closing argument. The good character of a witness may not be supported unless it has been impeached by evidence. Whitted v. State, 362 So.2d 668 (Fla.1978), citing 4 Wigmore, Evidence § 1104 (Rev. ed. 1972). See also section 90.609(2), Florida Statutes (1983).

¶3We cannot say, however, that this error constituted reversible error. The totality of the evidence against the defendant, including her admission of guilt, mutes the prejudicial effect of the improperly elicited testimony. See section 924.33, Florida Statutes (1983); Palmes v. State, 397 So.2d 648, 653-54 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981).

¶4Accordingly, we affirm the judgment but reverse the imposition of costs, remanding that issue to the trial court for a determination of defendant’s ability to pay.

HERSEY and GLICKSTEIN, JJ., concur.
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