Public-domain · open source
OpenJurist

882 So. 2d 523

Ahariache v. State

District Court of Appeal of Florida

Decided September 22, 2004

District Court of Appeal of Florida · decided 2004-09-22

Cited by 1 later decisions — most recently February 2005

1 state decisions

Relies on 491 So. 2d 1129 - State v. DiGuilio · 659 So. 2d 269 - Forest Park Condominium Ass'n v. Widera · 531 So. 2d 133 - Kinchen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-09-22

View the full empirical analysis of this case →

SCHWARTZ, Chief Judge.

¶1Addressing the appellant’s primary point on appeal,1 we agree that it may have been “preferable,” Bobb v. State, 647 So.2d 881, 883 (Fla. 4th DCA 1994), review denied, 659 So.2d 270 (Fla.1995), for the trial court, to have- precluded the prosecutor from inquiring — beyond the admitted fact that the testifying defendant had previous, felony convictions, see § 90.610, Fla. Stat. (2003) — “into whether the felon[ies] involved dishonesty or false statement.” Bobb, 647 So.2d at 883. Nonetheless, the convictions and sentence for grand theft and criminal mischief under review are affirmed because we are convinced that any error which may have been involved, but see Tampling v. State, 610 So.2d. 100 (Fla. 1st DCA 1992)(dicta that trial court correctly overruled defendant’s objection to prosecutor’s question of whether prior felony involved truth or dishonesty); Bobb(indicating that contrary practice- was “preferable”), was harmless beyond a reasonable doubt. Goodwin v. State, 751 So.2d.637 (Fla.1999); State v. Lee, 531 So.2d 133. (Fla.1988); State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

¶2Affirmed.

¶3. The other issues present no error and require no discussion.

/882/so2d/523 · .json · Public domain