Ray Young v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RAY YOUNG, Appellant, v. Case No. 5D12-2371 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 18, 2014 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges his judgment and sentence for lewd or lascivious molestation of a child less than twelve years old. Although he raises several points on appeal, we conclude that only one point has merit and necessitates a new trial. The trial court erred by admitting as impeachment evidence the certified copies of Appellant's prior convictions for similar crimes. Mathis v. State, 135 So. 3d 484, 486-87 (Fla. 2d DCA 2014). See also Charles W. Ehrhardt, Ehrhardt's Florida Evidence § 610.6 (2014 ed.) (error for prosecutor to attempt to introduce evidence regarding nature of witness's felony conviction for impeachment purposes unless witness denies conviction or otherwise gives misleading testimony regarding conviction). The State does not refute this claim of error but argues nevertheless that the introduction of the nature of Appellant's convictions was harmless beyond a reasonable doubt. We cannot reach this conclusion on this record. REVERSED AND REMANDED. TORPY, C.J., LAWSON and BERGER, JJ., concur. 2

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