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GIANFRANCISCO v. STATE

No. 89-0023.

570 So.2d 337 (1990)

Leonard GIANFRANCISCO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing or Clarification December 5, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Louis G. Carres, Asst. Public Defender, West Palm Beach, and Fred Haddad, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

This is an appeal from a judgment of conspiracy to commit murder in the second degree1 in which a police witness testified as to his opinion of the relative culpability of two other witnesses. The trial judge found the testimony admissible over objection. We disagree and reverse.

During direct examination, the prosecutor asked the police officer for an opinion as to which participant in the crime was more culpable...

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