RANGEL HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Rangel Hernandez appeals his second-degree murder conviction, challenging the admission of hearsay testimony from Detective Fleming and Helen Fernandez. The Florida appellate court affirms the conviction, finding any hearsay errors harmless.
The court affirmed the conviction, holding that even assuming the testimony was inadmissible hearsay, any error was harmless beyond a reasonable doubt. Detective Fleming's testimony was harmless because the non-testifying witnesses were not eyewitnesses to the crime and the nature of information allegedly provided was vague. Helen Fernandez's testimony was harmless because the hearsay portion (the instruction to hide the gun) added little to the state's case.
[1] Admission of hearsay testimony concerning the investigation of a crime is harmless error when the non-testifying witnesses were not eyewitnesses to the crime and the incr…
[2] Admission of hearsay testimony regarding the disposition of a weapon shortly before a homicide is harmless error when the hearsay portion of the evidence adds little to t…
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Join FLexlaw to unlock all legal intelligence“Assuming without deciding that this was inadmissible hearsay, but see Johnson v. State, 456 So.2d 529, 530 (Fla. 4th DCA 1984), rev. denied, 464 So.2d 555 (Fla.1985), we conclude that the error in admitting the testimony was entirely harmless.”
Establishes the court's harmless error analysis for Detective Fleming's testimony, assuming arguendo that it was hearsay but finding no reversible error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHernandez was convicted of second-degree murder by jury verdict. Detective Fleming testified about interviews with witnesses that led him to investiga…
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PER CURIAM.
This is an appeal by the defendant Ran-gel Hernandez from a judgment of conviction and sentence for second-degree murder which was entered upon an adverse jury verdict. The sole point raised on appeal is that the trial court committed reversible error in admitting in evidence, over objection, certain hearsay testimony of Detective Wayne Fleming and Helen Fernandez, both important state witnesses at trial. We affirm based on the following briefly stated legal analysis.
First, Detective Fleming was allowed to testify that as a result of interviews with various witnesses he began looking for the defendant in the case. Assuming without deciding that this was inadmissible hearsay, but see Johnson v. State, 456 So. 2d 529, 530 (Fla. 4th DCA 1984), rev. denied, 464 So. 2d 555 (Fla.1985), we conclude that the error in admitting the testimony was entirely harmless. This is so because, unlike Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), rev. denied, 411 So. 2d 384 (Fla. 1981) and its progeny, the non-testifying witnesses in this case were not eyewitnesses to the crime charged herein and it is not clear from this record what incriminating information they gave to Detective Fleming. Given the vague nature of this testimony and the other evidence of guilt in this ease, we are unwilling to upset this conviction on this and other technical errors complained 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, told her to hide the gun and told her why (although the exact reason was never stated). Even if inadmissible as hearsay, we decline to reverse the instant conviction based on the admission of this testimony. The admonition to hide the gun, the alleged hearsay portion of this evidence, added little to the state’s ease; the error in admitting such testimony was therefore entirely harmless, see State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Hill v. State, 459 So. 2d 434 (Fla. 3d DCA 1984); cf. Priestly v. State, 450 So. 2d 289, 291 (Fla. 4th DCA 1984).
AFFIRMED.
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Zuluaga v. State, 915 So. 2d 1251 (Fla. 3d DCA 2005)…ell commit it” and “[t]he fact that the prosecutor’s argument urged the jury to draw this very inference merely exacerbates 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 hears…
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White v. State, 76 So. 3d 335 (Fla. 3d DCA 2011)…ng a claimed violation of Postell, “[w]hether the out-of-court statement was improperly admitted on relevancy grounds or because it was hearsay is not dispositive as either way it was error subject to a harmless error analysis”); Hernandez v. State, 547 So. 2d 138, 138 (Fla. 3d DCA 1988) (“Given the vague nature of this testimony and the other evidence of guilt in this case, we are unwilling to upset this conviction on this and [*344] other technical errors.”); Barnes v. State, 470 So. 2d 851, 852 (Fla. 1st D…
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McKNIGHT v. State, 569 So. 2d 521 (Fla. 3d DCA 1990)…Pope v. State, 441 So. 2d 1073 (Fla.1983); State v. Abreau, 363 So. 2d 1063 (Fla.1978); McCrae v. State, 395 So. 2d 1145 (Fla.1980); Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978); Lynch v. State, 293 So. 2d 44 (Fla.1974); Hernandez v. State, 547 So. 2d 138 (Fla. 3d DCA 1988); Allen v. State, 474 So. 2d 261 (Fla. 4th DCA 1985); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); Section 7, Chapter 88-131, Laws of Florida; Section 782.04, Florida Statutes (1987); Section 790.0…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Johnson v. State, 456 So. 2d 529 (Fla. 4th DCA 1984)
- Priestly v. State, 450 So. 2d 289 (Fla. 4th DCA 1984)
- Barnes v. State, 470 So. 2d 851 (Fla. 1st DCA 1985)
- Marshell Joseph Hill v. State, 459 So. 2d 434 (Fla. 3d DCA 1984)
- Allen v. State, 474 So. 2d 261 (Fla. 4th DCA 1985)
- Deen v. Zaremba Fla. Co., 497 So. 2d 1296 (Fla. 3d DCA 1986)
- McGRIFF v. State, 497 So. 2d 1296 (Fla. 3d DCA 1986)
- Holmes v. Louie L. Wainwright, 389 So. 2d 1233 (Fla. 5th DCA 1980)