BRYANT v. STATE

No. 4D08-517.

17 So.3d 713 (2009)

Phillip BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 25, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Christine C. Geraghty, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

In his trial for first-degree murder, appellant defended on the ground of self-defense. The trial court ruled that a witness could not testify that appellant looked fearful when approached by the victim. Because the witness's testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot find the error in failing to admit it harmless beyond a reasonable doubt, we reverse.

This crime arose out of a dispute between appellant...

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