Supreme Court of Florida

Decision of the Third District Court of Appeal affirming the admissibility of a DOC release-date letter as a permissible means of establishing the defendant's status as a prison-releasee reoffender is quashed and remanded where: 1) although the ultimate result reached by the Third District Court of Appeal is affirmed because the signed and under seal release-date letter provided in this case was used as a permissible means of authenticating an attached Crime and Time Report, its reliance upon the rule expressed in Yisrael I is disapproved; and 2) the decision does not reflect any consideration by the appellate court of whether the impermissible comments by the detective contributed to the conviction.

Appellate Information

• Decided 02/18/2010
• Published 02/18/2010

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Carlos J. Martinez, Public Defender, Roy A. Hiemlich and Andrew Stanton, Assistant Public Defenders, Eleventh Judicial Circuit, Miami, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Angel L. Fleming and Rolando A. Soler, Assistant Attorneys General, Miami, FL, for Respondent.