Gimenez v. State

Full title: GARY GIMENEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 13, 1990

558 So. 2d 149 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1648.

March 13, 1990.

An Appeal from the Circuit Court for Dade County; Ellen Morphonios, Judge.

Bennett H. Brummer, Public Defender, Mark D. Feinstein and Alan Serota, Sp. Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

Finding that the multiple, uncharged, prior criminal acts defendant allegedly committed were not relevant to proving the charges of battery and trespass, we reverse the convictions and sentences. State v. Lee, 531 So.2d 133 (Fla. 1988); Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Drake v. State, 441 So.2d 1079 (Fla.), cert. denied, 466 U.S. 978, 104 S.Ct. 2361, 80 L.Ed.2d 832 (1983); State v. Vazquez, 419 So.2d 1088 (Fla. 1982); Ruffin v. State, 397 So.2d 277 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 368, 70 L.Ed.2d 194 (1981). Additionally, we note that some of the prior acts were stale. McGough v. State, 302 So.2d 751 (Fla. 1974).

Reversed and remanded for a new trial.