JAMES HAMPTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The judgment of conviction and sentence under review is affirmed upon a holding that: (1) the trial court improperly admitted in evidence a statement made by the defendant to the police while under arrest as it was fatally tainted by prior statement made by the defendant to the police, which latter statement was properly suppressed by the trial court under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); see Harney v. United States, 407 F. 2d 586 (5th Cir. 1969); and (2) the above error, however, was harmless in the context of this case because (a) the improperly admitted statement was exculpatory in nature, (b) the improperly admitted statement was similar to a properly admitted statement of the defendant made prior to being taken into police custody, and (c) an unimpeached eye witness positively identified the defendant at trial as the perpetrator of the crimes for which he stands convicted. Ashley v. State, 370 So. 2d 1191 (Fla. 3d DCA 1979); Ballard v. State, 323 So. 2d 297 (Fla. 3d DCA 1975); § 924.33, Fla.Stat. (1979).
Affirmed.
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Galvan v. State, 563 So. 2d 778 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. See and compare Connell v. Guardianship of Connell, 476 So. 2d 1381 (Fla. 1st DCA 1985); Hampton v. State 386 So. 2d 587 (Fla. 3d DCA 1980); Poirier v. Division of Health, Department of Health and Rehabilitative Services, 351 So. 2d 50 (Fla. 1st DCA 1977); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976); Ballard v. State, 323 So. 2d 297 (Fla. 3d D…
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Ashley v. State, 370 So. 2d 1191 (Fla. 3d DCA 1979)
- Thadious Edward Harney v. United States, 407 F.2d 586 (5th Cir. 1969)
- Ballard v. State, 323 So. 2d 297 (Fla. 3d DCA 1975)