DON WAYNE BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
Barnes appeals his conviction for grand theft of an automobile. The only alleged error of the trial court which we believe should be discussed is Barnes’ allegation that the investigating and arresting officer’s brief references to an anonymous telephone tip implicating Barnes constituted impermissible hearsay. We affirm.
Barnes argues that despite the fact that the testimony was cut short, once by the defense attorney and the second time by the judge, Barnes was unduly prejudiced. We disagree. The two statements were extremely brief, and neither was sufficiently concluded so as to form a complete sentence. The actual hearsay statement was never fully articulated. The hearsay in the instant case is far less egregious than that in Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981), which Barnes asserts is controlling. Given the substantial evidence establishing Barnes’ guilt, and the brief and abbreviated nature of the challenged hearsay, we find that the officer’s references to the anonymous phone call were harmless error. The judgment and conviction is affirmed.
MILLS and SMITH, JJ., concur.
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Citator
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Rangel Hernandez v. State, 547 So. 2d 138 (Fla. 3d DCA 1988)…of in Detective Fleming’s testimony. See McGriff v. State, 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,…
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Zuluaga v. State, 915 So. 2d 1251 (Fla. 3d DCA 2005)…ates the problem.” Postell, 398 So. 2d at 854 n. 4. In contrast with the cases addressed above, this court in Hernandez v. State, 547 So. 2d 138 (Fla. 3d DCA 1989), review denied, 558 So. 2d 18 (Fla.1990), and the First District in Barnes v. State, 470 So. 2d 851 (Fla. 1st DCA 1985), held that the admission of out-of-court statements, even though they were accusatory in nature and thus hearsay, constituted harmless error. In Hernandez, the officer was allowed to testify that as a result of interviews with se…
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Bennie Fulmore v. State, 483 So. 2d 765 (Fla. 4th DCA 1986)…First, allowing hearsay evidence by an officer who testified that he received “certain information” which led him to place appellant’s photograph in the second photographic lineup was harmful error. Unlike the fleeting reference in Barnes v. State, 470 So. 2d 851 (Fla. 1st DCA 1985), this error was carved in stone on three separate occasions, depriving the accused of his constitutional right to confrontation. See Rolle v. State, 416 So. 2d 51 (Fla. 4th DCA 1982); Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1…
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- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)