TAYLOR, J.
Appellant, Anthony Jones, appeals his conviction for strong arm robbery. Because the trial court committed harmful error in allowing the lead detective to testify as to her interpretation of statements appellant made during a police interrogation, we reverse for a new trial.
At trial, the victim testified that three men on bicycles approached him at night and cornered him against a fence. The men were dressed in all black, wearing cut-off gloves and "hoodies," with the hoods covering their heads. The man on the victim's right, later identified by the victim as appellant, took $180 cash from the victim's pocket and then pushed him down. The victim testified that this perpetrator's "hoodie" slipped back, showing the man's face and revealing that the man had braids or twists in his hair. The victim estimated that the man who pushed him was about 170 pounds, but the victim stated that it was difficult to tell. The victim acknowledged that he had been drinking before he was robbed.
After the robbers left the scene, the victim immediately called the police. Within ten minutes, a police officer found appellant riding a bicycle alone about five or six blocks from the location of the robbery. The victim was taken to the location where appellant was detained. He positively identified appellant as one of the robbers.
Appellant did not have the victim's money on him when he was arrested. When appellant was booked at the station, he weighed 145 pounds. Although appellant was wearing a black jacket, the jacket did
The lead detective interrogated appellant at the police station. During the interrogation, appellant never confessed to the crime. Appellant told the detective that he had just left his brother's girlfriend's house and maintained that he had nothing to do with the robbery. The detective used a ploy in an attempt to gain information, falsely telling appellant that the police had apprehended the other two robbers and that both of them had implicated appellant in the robbery. The following exchange then occurred:
After the tape was played at trial, the following exchange took place between the prosecutor and the detective:
Defense counsel immediately objected and moved to strike the detective's testimony regarding her interpretation of appellant's statement, but the trial court overruled the objection and allowed the detective to continue giving her answer:
At the conclusion of trial, appellant was found guilty as charged and sentenced to five years in prison, followed by five years of probation.
On appeal, appellant argues that the trial court erred by allowing the lead detective to offer her opinion, over appellant's objection, that the reason appellant said he was in another location was because he knew where the robbery took place. We agree with appellant's argument that this was highly prejudicial and improperly bolstered the state's case.
A trial court's decision on the admissibility of evidence is reviewed under an abuse of discretion standard. Hudson v. State, 992 So.2d 96, 107 (Fla.2008). That discretion is, however, limited by the rules of evidence. Id.
"Generally, a lay witness may not testify in terms of an inference or opinion, because it usurps the function of the jury." Floyd v. State, 569 So.2d 1225, 1231-32 (Fla.1990). For example, a witness's opinion as to the guilt or innocence of the accused is not admissible. Martinez v. State, 761 So.2d 1074, 1079 (Fla.2000). However, a lay witness may offer an opinion or inference about what the witness perceived if:
§ 90.701, Fla. Stat. (2009).
As a general rule, lay witnesses may not testify about their subjective interpretations or conclusions as to the meaning of another person's statements. See Thorp v. State, 777 So.2d 385, 395-96 (Fla.2000). Although the rules of evidence allow the interpretation by a witness of coded conversations, the interpretation of clear conversations is not helpful to the jury and is inadmissible. See, e.g., United States v. Dicker, 853 F.2d 1103, 1108 (3d Cir.1988). Any inferences that may be drawn from a defendant's statement ordinarily should be made by the jury and not by the witness. See Thorp, 777 So.2d at 395-96. Thus, in Thorp, the Florida Supreme Court held that it was error for the trial court to allow a witness to testify as to the meaning he ascribed to the defendant's statement that he "did a hooker." Id. The supreme court explained: "The exact meaning of Thorp's words and the inferences that could be drawn from them, however, were matters for the jury to consider.... Under these circumstances, there was no need to resort to testimony concerning Bullock's interpretation of Thorp's words." Id.
Likewise, in this case, it was error for the trial court to allow the lead detective to offer her opinion as to what she thought the defendant's statements meant. While the detective did not offer an ultimate opinion regarding appellant's guilt, the officer's testimony as to her interpretation of the interrogation improperly bolstered the state's case and was inadmissible. Appellant did not use any "coded" words which would have required the officer to testify in terms of inferences. Furthermore, the detective's "interpretation" of appellant's words was far more incriminating than anything appellant actually said. Indeed, it is doubtful that one could fairly interpret anything in appellant's statement as some sort of admission that
Having concluded that the trial court erred in allowing the lead detective to testify in this manner, we must address whether the error was harmless. Our analysis is guided by Thorp, where the supreme court found the admission of testimony regarding a witness's interpretation of a defendant's statement to be harmful error:
Id. at 396.
Likewise, the error in this case cannot be deemed harmless. See State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). By permitting the lead detective to interpret the meaning of appellant's words, the trial court committed harmful error because it effectively turned appellant's denial of involvement in the robbery into an admission that he knew where the robbery occurred (and thus, by implication, into an admission that he was involved in the robbery). This was undoubtedly prejudicial. As the record reflects, appellant never actually confessed to participating in the robbery. Moreover, there were some inconsistencies between the victim's description of the perpetrator and appellant's appearance when he was detained shortly after the robbery. The detective's improper opinion testimony, which suggested that appellant's statements meant that he knew where the robbery occurred, may have "tipped the scales" in favor of a conviction in a case where the parties hotly disputed whether the victim properly identified appellant as a participant in the robbery. We cannot say beyond a reasonable doubt that the error did not affect the jury's verdict in this case. Accordingly, we reverse appellant's conviction and remand for a new trial.
Reversed and Remanded.
MAY, C.J., and CIKLIN, JJ., concur.