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542 So. 2d 433

542 So.2d 433

14 Fla.L.Weekly 1030

Wilson v. State

District Court of Appeal of Florida · decided 1989-04-26

Cited by 1 later decisions — most recently November 1990

1 state decisions

Relies on 491 So. 2d 1129 - State v. DiGuilio · 491 So. 2d 1120 - Murray v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-26

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PER CURIAM.

¶1REVERSED AND REMANDED.

¶2Admission of hearsay testimony concerning two absent psychological experts’ conclusions respecting appellant’s sanity was prejudicial. The prejudice was not overcome by the trial court’s attempt at a curative instruction. Inasmuch as we cannot say that the error was harmless, we must reverse. See State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986).

¶3Additionally, we observe that section 775.087(2), Florida Statutes (1987), establishes no minimum mandatory sentence for a defendant’s possession or use of a firearm while perpetrating a manslaughter. Murray v. State, 491 So.2d 1120 (Fla.1986).

GLICKSTEIN and POLEN, JJ., and ESQUIROZ, MARGARITA, Associate Judge, concur.
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