FLEITAS v. STATE

No. 3D02-3022.

867 So.2d 512 (2004)

Carlos FLEITAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 25, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN, J., and BARKDULL, THOMAS H., JR., Senior Judge.


SCHWARTZ, Chief Judge.

The appellant's conviction on several counts of child molestation must be reversed for a new trial because the record below is riddled with prejudicial error. We find it necessary to discuss briefly only the most prominent.

I.

First, for what we think and hope is the first and last time in legal history, an assistant state attorney was permitted to be called as a witness in the case and to testify, allegedly as "background...

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