Jackson v. State

District Court of Appeal of Florida

Decided May 19, 1992

District Court of Appeal of Florida · decided 1992-05-19

Cited by 4 later decisions — most recently May 2019

4 state decisions

Key passage — most relied on by later courts

“an arrest record and was recently released from prison”

quoted by 1 later decision, including 669 So. 2d 1090 - Willis v. State

Relies on 491 So. 2d 1129 - State v. DiGuilio · 463 So. 2d 425 - McCall v. State · 360 So. 2d 468 - Houston v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-05-19

View the full empirical analysis of this case →

SCHWARTZ, Chief Judge.

¶1We reverse Jackson’s convictions because, over objection, an investigating police officer was permitted to recount that defendant had “an arrest record and was recently released from prison.” See McGuire v. State, 584 So.2d 89 (Fla. 5th DCA 1991); McCall v. State, 463 So.2d 425 (Fla. 3d DCA 1985); Houston v. State, 360 So.2d 468 (Fla.3d DCA 1978); Perkins v. State, 349 So.2d 776 (Fla. 2d DCA 1977). The other evidence of guilt consisted entirely of non-conclusive eyewitness identification so we cannot say that the error was harmless, State v. DiGuilio, 491 So.2d 1129 (Fla.1986), and a new trial is therefore required.

¶2Reversed.