4DCA: Reverses Robbery Conviction – Suppression and Opinion of Guilty

Reversing and remanding for a new trial the defendant’s conviction for robbery with a firearm, the Fourth District held:

SUPPRESSION:  Where a BOLO describes the suspect a 16-17 year old black male with short-cropped hair wearing a dark long sleeved shirt who fled on foot, a trial court errs by denying the defendant’s motion to suppress evidence after the police stop the defendant who was driving a van and wearing a white short-sleeve shirt.

OPINION OF GUILT:  A trial court errs by allowing a jury to hear an unredacted version of the defendant’s tape interview where it contains a detective’s improper opinions concerning the defendant’s guilty and untruthfulness.

Gaines v. State, 4D13-686 (Fla. 4th DCA Feb. 11, 2015)

http://www.4dca.org/opinions/Feb%202015/02-11-15/4D13-686.op.pdf

Indian River Judge Pegg

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4DCA: Insufficient Evidence for VOP

Where it is alleged the defendant violates probation by participating in a robbery and resisting arrest, yet the State presents no evidence the defendant was involved in the robbery other than being in the general vicinity, a trial court errs in finding the defendant violated his probation on those grounds.  (Remanded to determine if he violated for resisting.)

Crapps v. State, 4D13-980 (Fla. 4th DCA Jan. 28, 2015)

http://www.4dca.org/opinions/Jan%202015/01-28-15/4D13-980.op.pdf

Broward Judge McCarthy