DAVID LUTHER HARRISON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the revocation of probation for possessing metallic knuckles and committing batteries, but reversed the sentencing for selling methaqualone due to statutory violations. The court clarified that the Sixth Amendment right to confrontation applies to witnesses, not physical evidence.
The court held that the Sixth Amendment right to confrontation does not extend to physical evidence, and therefore, the introduction of a photograph of the metallic knuckles was permissible. The court also held that the sentencing for the sale of methaqualone was erroneous.
[1] A photograph of contraband may be admitted into evidence in a probation revocation hearing when the officer who discovered the contraband testifies and is subject to cros…
[2] A defendant's Sixth Amendment right to confrontation applies to witnesses, not to physical evidence.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Harrison’s right to confrontation under the Sixth Amendment of the United States Constitution is restricted to witnesses and does not encompass physical evidence.”
Establishes the court's reasoning regarding the admissibility of the photograph of the metallic knuckles.
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Join FLexlaw to unlock all legal intelligenceDavid Harrison's probation was revoked after he was found to be in possession of metallic knuckles and for committing batteries on a public officer an…
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PER CURIAM.
David Harrison appeals from adjudications of guilt and sentences of imprisonment imposed after Harrison’s probation was revoked for possessing metallic knuckles and committing batteries upon a public officer and a medical technician in violation of the terms of probation.
We reject Harrison’s argument that there was a lack of competent evidence to prove possession of metallic knuckles classified as a weapon under Section 790.-001(13), Florida Statutes (1979) because a photograph rather than the actual knuckles was introduced into evidence. In this case, the officer who discovered the knuckles testified at the probation revocation hearing and was subject to cross-examination. Harrison’s right to confrontation under the Sixth Amendment of the United States Constitution is restricted to witnesses and does not encompass physical evidence. United States v. Herndon, 536 F. 2d 1027 (5th Cir. 1979); G.E.G. v. State, 389 So. 2d 325 (Fla. 5th DCA 1980); State v. Armstrong, 363 So. 2d 38 (Fla. 2d DCA 1978). Nor has Harrison established that under Florida law, he has been prejudiced by the introduction of the photograph in lieu of the physical evidence. Smith v. State, 305 So. 2d 868 (Fla. 3d DCA 1975), cert. denied, 316 So. 2d 284 (Fla.1975). See, e. g., G.E.G. v. State, supra, Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978).
We also find record evidence sufficient to prove the intent element of the battery.
The State concedes, and we find, error in treating the sale of methaqualone as a second degree felony and imposing consecutive sentences of fifteen years for each count in violation of Section 893.13, Florida Statutes (1979). The offense is a third degree felony punishable by a maximum of five years on each count. §§ 893.-13(2), 893.03(2)(c)(5), Fla.Stat. (Supp.1980); § 775.082(3)(d), Fla.Stat. (1979).
Affirmed as to the finding of violation, possession and battery, reversed as to the sentencing, and remanded for sentencing in accord with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fast v. State, 474 So. 2d 340 (Fla. 3d DCA 1985)…PER CURIAM. Affirmed. Castor v. State, 365 So. 2d 701 (Fla.1978); Harrison v. State, 403 So. 2d 565 (Fla. 3d DCA 1981); Ruiz v. State, 388 So. 2d 610 (Fla. 3d DCA 1980), rev. denied, 392 So. 2d 1380 (Fla.1981); Williams v. State, 308 So. 2d 595 (Fla. 1st DCA), cert. denied, 321 So. 2d 555 (Fla.1975).…
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Yero v. State, 138 So. 3d 1179 (Fla. 3d DCA 2014)…dant’s constitutional rights is an issue that arises under the Due Process Clause, not the Confrontation Clause. To the extent Johnson suggests otherwise, its reasoning has been soundly rejected by this court and other courts. In Harrison v. State, 403 So. 2d 565, 566 (Fla. 3d DCA 1981), for example, this court affirmed the trial court’s finding that the defendant violated his probation by possessing brass knuckles, where the State relied on testimony from an officer that led to the introduction of a photogr…
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Green v. State, 429 So. 2d 58 (Fla. 3d DCA 1983)…ence of guilt, including the defendant’s own inculpatory statements (which we have determined were voluntarily given), was strong, leading us to conclude that dismissal was not mandated. State v. Sobel, 363 So. 2d 324 (Fla. 1978); Harrison v. State, 403 So. 2d 565 (Fla. 3d DCA 1981); State v. Cooper, 391 So. 2d 332 (Fla. 3d DCA 1980); Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978); Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978). The judgment and sentence are therefore affirmed. Affirmed.…
Authorities Cited
- United States v. Herndon, 536 F.2d 1027 (5th Cir. 1976)
- Blowers v. Williams, 360 So. 2d 1293 (Fla. 1st DCA 1978)
- Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
- Smith v. State, 305 So. 2d 868 (Fla. 3d DCA 1975)
- State v. Armstrong, 363 So. 2d 38 (Fla. 2d DCA 1978)
- In the Interest of G. E. G. v. State, 389 So. 2d 325 (Fla. 5th DCA 1980)
- State Farm Fire & Cas. Co. v. Fowler Rentals, Inc., 316 So. 2d 284 (Fla. 1975)
- Hand v. State, 316 So. 2d 284 (Fla. 1975)