STATE v. JOINER

No. 95-2953.

682 So.2d 704 (1996)

STATE of Florida, Appellant, v. John Wayne JOINER, Appellee.

District Court of Appeal of Florida, Fifth District.

November 15, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellant.

Mark E. NeJame of NeJame & Hyman, P.A., Orlando, for Appellee.


ANTOON, Judge.

The state appeals the trial court's order suppressing the testimony of the arresting police officer concerning incriminating admissions made by the defendant. Finding that the witness had made a prior inconsistent statement regarding the admissions, the trial court excluded the testimony. A witness' lack of credibility is not a proper legal basis justifying suppression, and therefore, we must reverse.

The defendant was charged with the offense...

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