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762 So. 2d 934

Avila v. State

District Court of Appeal of Florida · decided 2000-05-10

Cited by 1 later decisions — most recently February 2001

1 state decisions

Key passage — most relied on by later courts

“every defendant has the right to be tried based on the evidence against him, not on the characteristics or conduct of certain classes of criminals in general. Florida courts have frequently criticized the use of testimony from police officers regarding their experience with other criminals as substantive proof of a particular defendant’s guilt or innocence.”

quoted by 1 later decision, including Mounds v. State

Relies on 491 So. 2d 1129 - State v. DiGuilio · 751 So. 2d 537 - Goodwin v. State · 589 So. 2d 933 - Lowder v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-05-10

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse Avila’s conviction for trafficking in cocaine because of prejudicial error in admitting expert testimony that in narcotics transactions money may be “fronted.” This testimony was the state’s explanation for the failure to find narcotics purchase money on Avila at the time of his arrest. As to all other issues raised, we find no reversible error.

¶2Avila was arrested after a narcotics transaction arranged by a confidential informant at the behest of law enforcement officers. Police officers observed him pass a package to the informant and the informant’s car was stopped and searched shortly thereafter. The package was in the car and contained cocaine. The confidential informant did not testify at trial.

¶3Avila established, through cross-examination of a detective who participated in the arrest, that when arrested, no money or cocaine was found in Avila’s possession. On re-direct, the state inquired of the detective as follows:

Q [STATE]: Is it unusual, Detective, based on your training and experience that either money be fronted—
Q: Does it happen?
A [AMBROSE]: Yes, it does.

¶4This case is controlled by our previous decision in Shelton v. State, 654 So.2d 1295 (Fla. 4th DCA 1995). In Shelton, as in this case, the defendant sought to establish his innocence by showing that no money or drugs were found on him at the time of arrest; on cross-examination, a police officer was permitted to testify that on arrest in a narcotics transaction, it is not unusual not to find the money paid for the drugs on the subject. The testimony in Sheltonwas held inadmissible and highly prejudicial because it tended to prove the defendant’s guilt not on the evidence against him, but on proof of “characteristics or conduct of certain classes of criminals.” Id.at 1296 (quoting Lowder v. State, 589 So.2d 933 (Fla. 3d DCA 1991)).

¶5Following Shelton, we deem the instant testimony inadmissible. Furthermore, based on the record, we are unable to say beyond a reasonable doubt that the erroneous admission of testimony regarding the “front money” did not harmfully affect the verdict. See Shelton; see generally Goodwin v. State, 751 So.2d 537" (Fla.1999)(re-affirming DiGuilio1 test for determining harmless error under section 924.051(3), Florida Statutes).

¶6Accordingly, we reverse and remand for a new. trial. As to the other issues raised, we find no reversible error or abuse of discretion.

*936HAZOURI, J. and STETTIN, HERBERT, Senior Judge, concur.STONE, J., concurs specially with • opinion.

¶7. State v. DiGuilio, 491 So.2d 1129 (Fla.1986)

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