CALIXTE v. STATE (2025)

District Court of Appeal of Florida, Third District.

Robinson CALIXTE, Appellant, v. The STATE of Florida, Appellee.

No. 3D24-0270

Decided: January 29, 2025

Before EMAS, LINDSEY and BOKOR, JJ.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. John Guard, Acting Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Affirmed. See Erickson v. State, 565 So. 2d 328, 331 (Fla. 4th DCA 1990) (explaining that an expert cannot testify as to the truthfulness of a witness or to a defendant's mental condition when such condition is not at issue); see also Carter v. State, 697 So. 2d 529, 531 (Fla. 1st DCA 1997) (reversing based on exclusion of defense expert testimony where defense expert would have testified to Carter's mental condition and ability to understand his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and competently waive same).

PER CURIAM.

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