CARLTON HARRIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-05-11
No. 81-1904
Before SCHWARTZ, NESBITT and FERGUSON, JJ.
414 So. 2d 242 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

As held in Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981) and Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981), it was improper to admit hearsay evidence as to the basis for the inclusion of the defendant’s picture in a photographic lineup. Unlike those cases, however, the in-court identification of the defendant was not severely challenged, and there was no alibi or other defense asserted. It therefore clearly appears from this record that the error was harmless. Section 924.33, Fla.Stat. (1979).

Affirmed.

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Cited By

  • Gomez v. State, 418 So. 2d 275 (Fla. 3d DCA 1982)
    …Anderson, 447 U.S. 231, 100 S.Ct. 2124, 65 L.Ed.2d 86 (1980); Salvatore v. State, 366 So. 2d 745 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979); United States v. Halbert, 640 F. 2d 1000 (9th Cir. 1981); Harris v. State, 414 So. 2d 242 (Fla. 3d DCA Case no. 81-1904, opinion filed, May 11, 1982); Section 924.33, Fla.Stat. (1979).…
  • West v. State, 442 So. 2d 321 (Fla. 3d DCA 1983)
    …PER CURIAM. Affirmed. Harris v. State, 414 So. 2d 242 (Fla. 3d DCA 1982); Melton v. State, 404 So. 2d 798 (Fla. 3d DCA 1981).…
  • Lane v. State, 430 So. 2d 989 (Fla. 3d DCA 1983)
    …arsay,1 Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981), rev. denied, 411 So. 2d 384 (Fla.1981), the error was completely harmless in the light of other overwhelming, concededly accurate, admissible evidence that this was true. Harris v. State, 414 So. 2d 242 (Fla. 3d DCA 1982); Culberson v. State, 210 So. 2d 248 (Fla. 2d DCA 1968), cert. denied, 218 So. 2d 171 (Fla.1968). Second, we do not find that the asserted improprieties in the prosecutor’s final argument require a new trial. Nelson v. State, 416 S…

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