1. Home
  2. Browse Decisions
  3. So.2d
  4. 695 So.2d
  5. 695 So.2d 864 (1997)
 

SMITH v. STATE

No. 96-1827.

695 So.2d 864 (1997)

Brian C. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1997.

Attorney(s) appearing for the Case

Kevin J. Kulik, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, Judge.

Brian Smith appeals his conviction for loitering and prowling. We reverse as the trial court erred by allowing the state to make repeated references to his failure to explain his presence and conduct to the police.

In State v. Ecker, 311 So.2d 104 (Fla.1975), the supreme court addressed the constitutionality of the loitering and prowling statute, section 856.021, and in doing so set out the elements...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases