GRAHAM v. STATE (2002)

District Court of Appeal of Florida,Third District.

Benard GRAHAM, Appellant, v. The STATE of Florida, Appellee.

No. 3D01-0465.

Decided: April 24, 2002

Before COPE, LEVY, and RAMIREZ, JJ.

Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

CONFESSION OF ERROR

Benard Graham appeals from a judgment of conviction and sentence for possession of a firearm. Appellee, the State of Florida, properly confesses error that Graham did not qualify as a violent career criminal pursuant to section 775.084, Florida Statutes (1999) at the time this offense was allegedly committed. See Walters v. State, 790 So.2d 483 (Fla. 5th DCA 2001).

Throughout the trial, both the prosecutor and defense counsel referred to the defendant as a violent career criminal. Because the defendant was thereby unduly prejudiced, we reverse Graham's conviction and remand for a new trial. See State v. Emmund, 698 So.2d 1318, 1320 (Fla. 3d DCA 1997)(reference to the defendant as a violent career criminal impinges on the defendant's right to a fair trial as the jury will far more easily believe that he possessed a firearm).

Reversed and remanded for a new trial.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network