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543 So. 2d 423

543 So.2d 423

14 Fla.L.Weekly 1231

Bolden v. State

District Court of Appeal of Florida · decided 1989-05-18

Cited by 3 later decisions — most recently July 2015

3 state decisions

Relies on Rodriguez v. New York · 110 So. 2d 654 - Williams v. State · Brockett v. Spokane Arcades Inc

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-18

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COBB, Judge.

¶1Bolden was charged with and convicted of battery on a law enforcement officer. The state introduced evidence at trial, over defense objection, that he battered another officer a year before. The purpose of the evidence obviously was to show propensity, contrary to the provisions of section 90.-404(2)(a), Florida Statutes (1987) and Williams v. State, 110 So.2d 654 (Fla.1959), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959).

¶2The trial court stated that the. testimony was admitted to establish identity or the absence of mistake or accident. These were not material issues at trial. On appeal, the state argues that the testimony was admissible to show a “pattern of conduct” by Bolden. That is exactly why the evidence was inadmissible. Reversal is required pursuant to Straight v. State, 397 So.2d 903, 908 (Fla.1981), cert. denied, 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981).

¶3REVERSED AND REMANDED FOR NEW TRIAL.

DANIEL and GOSHORN, JJ., concur.
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