DESHAY TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-11-14
No. 5D05-1849
GRIFFIN, THOMPSON and ORFINGER, JJ., concur.
941 So. 2d 1201 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Foy v. State, 717 So. 2d 184 (Fla. 5th DCA 1998).

GRIFFIN, THOMPSON and ORFINGER, JJ., concur.


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    …permit this evidence repeatedly during [his]. own cross-examination of not one, but two State witnesses, and to take no action to try to alleviate the damage, was ‘outside the wide range of professionally competent assistance.’” See Glancy v. State, 941 So. 2d 1201, 1203 (Fla. 2d DCA 2006) (quoting Strickland, 466 U.S. at 690, 104 S.Ct. 2052). It is elemental in our system of jurisprudence that the jury is the sole arbiter of the credibility of witnesses. Barnes v. State, 93 So. 2d 863 (Fla. 1957). Thus, it i…
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    …was on a fifteen year sentence up in Georgia.” The Georgia conviction was unrelated to the current charges. We agree that the admission of this testimony was reversible error. § 90.404(2)(a), Fla. Stat. (1990). Id. at 89; see also Glancy v. State, 941 So. 2d 1201, 1203 (Fla. 2d DCA 2006); Jackson v. State, 627 So. 2d 70, 70-71 (Fla. 5th DCA 1993); Ward v. State, 559 So. 2d 450 (Fla. 1st DCA 1990). Here, the jury learned that Goforth was a convicted felon who had just been released from prison and thus had a…

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