JIMMY LEE WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-08-11
No. 86-1531
Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.
510 So. 2d 1159 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court’s admission of hearsay in the police officer’s testimony concerning the alleged victim’s description of the defendant was error; we conclude, however, that the error was harmless because the officer’s testimony impeached rather than bolstered the victim’s testimony, and thus, under the standards of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), no prejudice appears. Silveira-Hernandez v. State, 495 So. 2d 914 (Fla. 3d DCA 1986). Appellant’s other point lacks merit.

Affirmed.


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Cited By

  • A.O. v. State (Fla. 3d DCA 2023)
    …3d DCA 1981) (“The statement attributed to the deceased placing defendant at scene of crime was inadmissible hearsay but harmless error where defendant’s presence at scene of the crime was established by other competent evidence.”); Wright v. State, 510 So. 2d 1159, 1159 (Fla. 3d DCA 1987) (holding police officer’s hearsay testimony was harmless error because “under the standards of State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986), no prejudice appears.”).…
  • A.O. v. State (Fla. 3d DCA 2023)
    …3d DCA 1981) (“The statement attributed to the deceased placing defendant at scene of crime was inadmissible hearsay but harmless error where defendant’s presence at scene of the crime was established by other competent evidence.”); Wright v. State, 510 So. 2d 1159, 1159 (Fla. 3d DCA 1987) (holding police officer’s hearsay testimony was harmless error because “under the standards of State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986), no prejudice appears.”).…

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