IVERY v. STATE

No. 87-02612.

548 So.2d 887 (1989)

Antonio Ray IVERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 15, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The defendant, Antonio Ray Ivery, challenges his convictions for burglary of a dwelling and petit theft. He contends that the trial court erred in admitting the prior inconsistent statement of a prosecution witness without instructing the jury that such statement was relevant only to the witness's credibility and was not evidence of the defendant's guilt. We find merit to this point and reverse.

The state charged the defendant with...

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