SMITH v. STATE

No. 96-4148.

700 So.2d 446 (1997)

Jeremaine SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 21, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


ALLEN, Judge.

In this direct criminal appeal, the appellant challenges his conviction for misdemeanor child abuse. Because the trial court erred in admitting evidence of prior abuse in the absence of proof that the appellant committed the prior abuse, we reverse the appellant's conviction.

The appellant was charged with aggravated child abuse in relation to a head injury sustained by his child. At trial, over proper objection, the prosecution was permitted...

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