McCLELLAN v. STATE

No. 81-2298.

417 So.2d 1098 (1982)

Jimmy Michael McCLELLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 11, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Charles Peters, Asst. Public Defender, and Edward Malavenda, Legal Intern, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


DOWNEY, Judge.

Prior to voir dire examination of the jury, appellant moved the court in limine to prohibit the State from using appellant's prior conviction of petty theft for impeachment purposes. Appellant contended that petty theft may or may not involve dishonesty or false statements; if it does not, then it can not be used at trial to impeach defendant. The trial judge concluded that the proper procedure to impeach a witness based on prior convictions is for...

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