WILBUR HOLMES, APPELLANT,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF OFFENDER REHABILITATION, STATE OF FLORIDA, APPELLEE
WILBUR HOLMES, APPELLANT,
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF OFFENDER REHABILITATION, STATE OF FLORIDA, APPELLEE
389 So. 2d 1233
Florida District Court of Appeal, Fifth District (1980)
Positive Treatment
Cited by 4 cases
Opinion of the Court
COWART, Judge.
Appellant had a fair trial that reached a just result but it was not a perfect trial. Technical error was committed in admitting hearsay into evidence. Nevertheless, in our opinion, after an examination of the entire case, it does not appear that a different result would have been reached at trial if the error had not occurred nor that the error resulted in a miscarriage of justice. We are constrained by Section 59.041, Flori da Statutes (1979), from reversing the judgment below and it is, therefore,
AFFIRMED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
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Rangel Hernandez v. State, 547 So. 2d 138 (Fla. 3d DCA 1988)…, 497 So. 2d 1296, 1298 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1042 (Fla.1987); Allen v. State, 474 So. 2d 261 (Fla. 4th DCA 1985), rev. denied, 484 So. 2d 7 (Fla.1986); Barnes v. State, 470 So. 2d 851 (Fla. 1st DCA 1985); Holmes v. Wainwright, 389 So. 2d 1233 (Fla. 5th DCA 1980). Second, Helen Fernandez was allowed to testify that a third party gave her a gun after an argument between the defendant and the deceased shortly before the homicide, told her to hide the gun and told her why (although the exa…
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Robins v. State, 468 So. 2d 1115 (Fla. 3d DCA 1985)…ate, 438 So. 2d 358, 365 (Fla.1983), cert. denied, — U.S. -, 104 S.Ct. 1332, 79 L.Ed.2d 726 (1984); Burch v. State, 343 So. 2d 831 (Fla.1977); Melton v. State, 404 So. 2d 798 (Fla. 3d DCA), dismissed, 411 So. 2d 383 (Fla.1981); Holmes v. Wainwright, 389 So. 2d 1233 (Fla. 5th DCA 1980); Stunson v. State, 228 So. 2d 294 (Fla. 3d DCA 1969).…