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720 So. 2d 1150

Docket No. 97-4025.

Green v. State

Dwann GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 18, 1998.

District Court of Appeal of Florida · decided 1998-11-18

Cited by 3 later decisions — most recently August 2007

3 state decisions

Relies on 650 So. 2d 127 - Kyle v. State · Banks v. State · Payne v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-11-18

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¶1Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We reverse appellant Dwann Green's convictions for possession of cocaine and resisting arrest without violence.

¶5On cross-examination, Green admitted that he had been convicted of two prior felonies, "two counts" in a case that Green testified was on appeal. Over objection, the prosecutor elicited that one of these convictions was for attempted murder. Before Green was questioned, the prosecution and defense stipulated that he had two prior convictions for the purpose of impeachment. Green's statement that the convictions were on appeal did not open the door to further inquiry. See Banks v. State,655 So.2d 1224 (Fla. 4th DCA 1995); Payne v. State,426 So.2d 1296 (Fla. 2d DCA 1983). Even had Green not admitted that he had two prior convictions, the only proper method of impeachment *1151 would have been to introduce certified records of the convictions. See Kyle v. State,650 So.2d 127 (Fla. 4th DCA 1995); Peterson v. State,645 So.2d 10, 12 (Fla. 4th DCA 1994). Under the facts of this case, we find this error to be prejudicial. See § 924.051(4), Fla. Stat. (1997).

¶6As to the other points raised on appeal, we find no error.

¶7REVERSED AND REMANDED.

¶8DELL, SHAHOOD and GROSS, JJ., concur.

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