GARVEY v. STATE (2000)

District Court of Appeal of Florida,Third District.

Lafoya GARVEY, Appellant, v. The STATE of Florida, Appellee.

No. 3D99-2179.

Decided: March 22, 2000

Before SCHWARTZ, C.J., and GODERICH and RAMIREZ, JJ.

Bennett H. Brummer, Public Defender and Shaundra L. Kellam, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Gary K. Milligan, Assistant Attorney General, for appellee.

The conviction below for aggravated battery with a knife is reversed for a new trial because the prosecutor improperly asked the defendant on cross-examination whether it was “true that you also have cut [another person] with a knife.” See Harris v. State, 427 So.2d 234 (Fla. 3d DCA 1983); Ruiz v. State, 395 So.2d 566 (Fla. 3d DCA 1981), review denied, 407 So.2d 1106 (Fla.1981); Donaldson v. State, 369 So.2d 691 (Fla. 1st DCA 1979); Cornatezer v. State, 736 So.2d 1217 (Fla. 5th DCA 1999); Cooper v. State, 659 So.2d 442 (Fla. 2d DCA 1995); Freeman v. State, 630 So.2d 1225 (Fla. 4th DCA 1994). We reject the state's arguments that only harmless error was involved and that the impropriety could be negated by a curative instruction. Harris, 427 So.2d at 234; Ruiz, 395 So.2d at 566.

Reversed.

SCHWARTZ, Chief Judge.

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