WHITTINGTON v. STATE

No. 94-1741.

656 So.2d 1346 (1995)

Richard WHITTINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 19, 1995.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.


BENTON, Judge.

Convicted of shooting into a building and of aggravated assault with a firearm, Richard Whittington appeals, claiming that the trial court erred in ruling that he would be "testifying," and so subject to impeachment, if he displayed his tattoos to the jury. We conclude that a new trial is necessary unless, on remand, he fails to establish that he had the tattoos at the time of the shooting.

Evidence at trial established that appellant was one...

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