Higgins v. State

Full title: Jeremiah HIGGINS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Jan 3, 2014

128 So. 3d 983 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D12–4995.

2014-01-3

Jeremiah HIGGINS, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. James H. Daniel, Judge. Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Duval County. James H. Daniel, Judge.
Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

AFFIRMED. ROBERTS and CLARK, JJ., concur.
THOMAS, J., dissents with opinion.

THOMAS, J. Dissenting.

I respectfully dissent. The admission of the collateral-crime evidence here constituted fundamental error. Everett v. State, 124 So.3d 938 (Fla. 1st DCA 2013). I would reverse for a new trial.