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526 So. 2d 157

Docket No. 87-1203.

Osario v. State

Walter OSARIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 18, 1988.

Rehearing Denied June 29, 1988.

District Court of Appeal of Florida · decided 1988-05-18

Cited by 5 later decisions — most recently March 2009

5 state decisions

Relies on United States v. Hernandez-Cuartas · Georgia Ass'n of Retarded Citizens v. McDaniel

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-18

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¶1Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

¶2*158 Robert A. Butterworth, Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3STONE, Judge.

¶4The admission of rebuttal testimony by the arresting officer, concerning his experience with common drug courier practices, was irrelevant to any of the substantive issues in this case. Additionally, it was not within the scope of cross examination, nor was it introduced as background to explain the officer's conduct. See United States v. Hernandez-Cuartas,717 F.2d 552 (11th Cir.), reh'g denied,721 F.2d 822 (11th Cir.1983). The error in this case was not harmless.

¶5The judgment and sentence are, therefore, reversed and the case remanded for further proceedings.

¶6DOWNEY and LETTS, JJ., concur.

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