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PER CURIAM. Gwen Smith was convicted of a criminal offense. We hold that reversible error was committed because the court allowed Ms. Smith to be impeached by a written statement without making a finding that the statement was voluntarily given. The record does not support the state’s claim that such finding was implicitly made.
*1006 We reverse and remand for a new trial upon authority of Nowlin v. State, 346 So.2d 1020, 1024 (Fla.1977).REVERSED AND REMANDED.
HERSEY, C.J., and LETTS and WALDEN, JJ., concur.
Document Info
Docket Number: No. 4-86-2593
Citation Numbers: 510 So. 2d 1005, 12 Fla. L. Weekly 1704, 1987 Fla. App. LEXIS 9366
Judges: Hersey, Letts, Walden
Filed Date: 7/15/1987
Precedential Status: Precedential
Modified Date: 10/18/2024