LEONIDES PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the judgment of conviction under review and remand the cause for a new trial upon a holding that where, as here, the crime of unlawfully discharging a firearm was in all respects immaterial to any issue being tried, the prosecutor’s questioning of the defendant over the defendant’s timely objection, i.e., “Now, you know that it’s unlawful to discharge a firearm, isn’t it?” was an impermissible attack on the defendant’s character as a law-abiding person, the defendant not having otherwise placed his character in issue, see Wilt v. State, 410 So. 2d 924 (Fla. 3d DCA 1982) (prosecutor’s question to defendant accused of possession of a firearm during the commission of a felony, to-wit: “As a convicted felon you are not allowed to carry a gun; are you?” was improper attack on defendant’s character notwithstanding defendant’s admission of prior felony conviction), depriving the defendant of a fair and impartial trial.1 We have considered the defendant’s other points on appeal and find them to be without merit.
Reversed and remanded for a new trial.
. The State has not argued that the error is harmless, and we do not consider it to be so.
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Ponton v. Sec'y, Fla. Dep't OF Corr., 891 F.3d 950 (11th Cir. 2018)…ed his convictions and, with one minor exception not relevant here, affirmed his sentences in all three cases. See Ponton v. State, 436 So. 2d 117 (Table) (Fla. 3d DCA 1983) ; Ponton v. State, 436 So. 2d 364 (Fla. 3d DCA 1983) ; Ponton v. State, 434 So. 2d 347 (Fla. 3d DCA 1983). After those convictions became final, Ponton launched a barrage of pro se post-conviction pleadings in state and federal court. He has filed at least 40 post-conviction motions and petitions in state court alone. See Ponton v.…
Authorities Cited
- Wilt v. State, 410 So. 2d 924 (Fla. 3d DCA 1982)