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HAMILTON v. STATE

No. 83-457.

447 So.2d 1008 (1984)

Luther HAMILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 29, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Chief Judge.

The issue on appeal is whether or not a prior conviction for petty theft is a crime by which a witness' credibility may be impeached under section 90.610(1), Florida Statutes (1981).1 We hold that it may be so used, and we affirm.

After the State rested in this prosecution for second degree grand theft, defendant made a motion in limine to prevent the State from using the prior petty theft conviction for...

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