Wilson v. State

Full title: JOHN EDGAR WILSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 26, 1989

542 So. 2d 433 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-2659.

April 26, 1989.

Appeal from the Circuit Court, Broward County, Leroy H. Moe, J.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Carolyn V. McCann, Asst. Atty. Gen., and Lynn Waxman, Graduate Legal Intern, West Palm Beach, for appellee.

PER CURIAM.

REVERSED AND REMANDED.

Admission of hearsay testimony concerning two absent psychological experts' conclusions respecting appellant's sanity was prejudicial. The prejudice was not overcome by the trial court's attempt at a curative instruction. Inasmuch as we cannot say that the error was harmless; we must reverse. See State v. DiGuilio, 491 So.2d 1129, 1135 (Fla. 1986).

Additionally, we observe that section 775.087(2), Florida Statutes (1987), establishes no minimum mandatory sentence for a defendant's possession or use of a firearm while perpetrating a manslaughter. Murray v. State, 491 So.2d 1120 (Fla. 1986).

GLICKSTEIN and POLEN, JJ., and ESQUIROZ, MARGARITA, Associate Judge, concur.