PHILLIPS v. STATE

No. 89-1198.

572 So.2d 16 (1990)

Robert L. PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.


Attorney(s) appearing for the Case

Peter Birch of Birch and Murrell, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

Phillips was convicted of first degree murder. We reverse as it was error not to allow cross-examination of a key state witness, Lonnie Durham, concerning his probationary status at the time of the shooting.

The defense theory was that the victim, sitting in a car, was reaching for a gun when shot by the defendant. No gun was found. The victim had earlier threatened the defendant. There was evidence that Durham, who was sitting next to the victim...

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