District Court of Appeal of Florida

A judgment and sentence for sexual battery upon a child and false imprisonment of a child under the age of thirteen is reversed and remanded for a new trial where: 1) the prosecutor-s many repeated references to defendant's sexual practices were designed to inflame the prejudices of the jury and constituted an impermissible general attack on his character; and 2) it was error to admit a portion of defendant's taped statement in which he asked for an attorney.

Appellate Information

• Decided 02/07/2007
• Published 02/07/2007

Judges

• POLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• J. David Bogenschutz of Bogenschutz, Dutko & Kroll, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.