CHARLES BREINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RIYKIND, LEONARD, Associate Judge.
Appellant was convicted of drug trafficking. We conclude from a careful examination of the entire record that a decidedly improper remark by the prosecutor in summation “[Y]ou don’t need fingerprints when you have got eyewitnesses ... and I could have brought in five others ...,” was harmless error because of the overwhelming evidence against appellant. See State v. Murray, 443 So. 2d 955 (Fla.1984).
The remaining point on appeal concerns the validity of the Florida trafficking statute, § 893.135, Fla. Stat. (1981). It is constitutional. State v. Werner, 402 So. 2d 386 (Fla.1981). State v. Benitez, 395 So. 2d 514 (Fla.1981).
Affirmed.
HERSEY, J., concurs.
LETTS, J., dissents with opinion.
LETTS, Judge,
dissenting.
I dissent, because I believe this decision may be in conflict with Thompson v. State, 318 So. 2d 549 (Fla. 4th DCA 1975). Moreover, I am far from convinced it was harmless error.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Llida v. State, 501 So. 2d 162 (Fla. 3d DCA 1987)…ineup by the victim. He confessed at the scene of the crime and at the police station. Error, if any, in the prosecution comments was merely harmless in view of the overwhelming evidence. State v. Murray, 443 So. 2d 955 (Fla.1984); Breines v. State, 462 So. 2d 831 (Fla. 4th DCA 1985). [*163] As to the sentences, because the defendant elected to be sentenced by the preguideline statutory provisions for crimes committed prior to the effective date of the guidelines, this election should be honored. Parsons v. S…
Authorities Cited
- State v. Murray, 443 So. 2d 955 (Fla. 1984)
- State v. Benitez, 395 So. 2d 514 (Fla. 1981)
- Thompson v. State, 318 So. 2d 549 (Fla. 4th DCA 1975)
- State v. Werner, 402 So. 2d 386 (Fla. 1981)