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510 So. 2d 1005

510 So.2d 1005

12 Fla.L.Weekly 1704

Smith v. State

District Court of Appeal of Florida · decided 1987-07-15

Relies on In the Interest of S. L. M.

Decided 1987-07-15

PER CURIAM.

¶1Gwen Smith was convicted of a criminal offense. We hold that reversible error was committed because the court allowed Ms. Smith to be impeached by a written statement without making a finding that the statement was voluntarily given. The record does not support the state’s claim that such finding was implicitly made.

¶2*1006We reverse and remand for a new trial upon authority of Nowlin v. State, 346 So.2d 1020, 1024 (Fla.1977).

¶3REVERSED AND REMANDED.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.
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