MICHAEL LANE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We find no merit in either of Lane’s contentions on appeal from his armed robbery conviction. First, while some evidence that the car he was found driving several days after the robbery belonged to the victim was incorrectly admitted hearsay,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 So. 2d 899 (Fla. 2d DCA 1982); Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982).
Affirmed.
. The prosecutor asserted the contrary under an apparently-self-created but hitherto and hereafter unknown “BOLO exception” to the hearsay rule.
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Pringle v. State, 553 So. 2d 1304 (Fla. 3d DCA 1989)…ay testimony regarding the ownership of the car involved in the incident; and, the appellant’s taped statement without any authentication or identification. The testimony as to the car’s ownership was hearsay and improperly admitted. Lane v. State, 430 So. 2d 989 (Fla. 3d DCA 1983); Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), review denied, 411 So. 2d 384 (Fla.1981). However, the admission of the hearsay testimony was harmless error in that appellant gave a statement freely admitting discharging the fire…
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Mense v. State, 570 So. 2d 1390 (Fla. 3d DCA 1990)…beyond a reasonable doubt that the error was harmless based on the overwhelming evidence presented against the defendant and the curative instruction given by the trial court. See Baird; State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Lane v. State, 430 So. 2d 989 (Fla. 3d DCA 1983). Second, the defendant contends that there was insufficient evidence to support his conviction for carrying a concealed weapon. We disagree. The Supreme Court of Florida, in Ensor v. State, 403 So. 2d 349 (Fla.1981), stated that…
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Henao v. State, 454 So. 2d 19 (Fla. 3d DCA 1984)…a version of He-nao’s statements which did not materially differ from the officer’s, his testimony may properly be considered as no more than cumulative and therefore harmless. Stigletts v. McDonald, 135 Fla. 385, 186 So. 233 (1938); Lane v. State, 430 So. 2d 989 (Fla. 3d DCA 1983); Sec. 924.33, Fla.Stat. (1981). We likewise find no merit in the argument that the evidence of the defendant’s possession of cocaine was insufficient to support the verdict. Brown v. State, 428 So. 2d 250 (Fla.1983), cert. denied…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982)
- Thadeaus R. Culberson v. State, 210 So. 2d 248 (Fla. 2d DCA 1968)
- Zide v. State, 218 So. 2d 171 (Fla. 1968)
- Nelson v. State, 416 So. 2d 899 (Fla. 2d DCA 1982)
- Putts v. Fla. Parole & Prob. Comm'n, 414 So. 2d 242 (Fla. 1st DCA 1982)
- Carlton Harris v. State, 414 So. 2d 242 (Fla. 3d DCA 1982)