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AUSTIN v. STATE

No. 1D09-1276.

44 So.3d 1260 (2010)

Myles Stinson AUSTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 6, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and G. Kay Witt , Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, Edward C. Hill, Jr. , Assistant Attorney General, and Jennifer J. Moore , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PADOVANO, J.

The defendant, Myles Austin, appeals his conviction for the crime of trafficking in cocaine. We conclude that the trial court erred by allowing a Florida Highway Patrol trooper to testify about the general behavior patterns of drug traffickers. Because the admission of this testimony cannot be characterized as harmless error, we reverse the conviction and remand the case for a new trial.

Florida Highway Patrol Trooper Joseph Harrison stopped the...

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