EDWARD JAMES HINSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-03-24
No. 87-2982
Before BARKDULL, GERSTEN and-GODERICH, JJ.
595 So. 2d 301 Florida District Court of Appeal, Third District (1992)

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Synopsis

Edward Hinson appeals his conviction for armed robbery, attempted murder, kidnapping, and firearm offenses stemming from a 1986 restaurant robbery where a customer was shot. The appellate court affirmed his convictions, finding his various trial errors, if any, harmless in light of conclusive evidence of guilt.


Holding

The appellate court found all of the appellant's allegations without merit and held that even if any error occurred, it would be harmless in light of the conclusive evidence of the defendant's guilt.


Headnotes

[1] A defendant's wife's signature on a pawn receipt for stolen property can be used as evidence against the defendant.

[2] An anonymous tip to Crimestoppers, corroborated by the discovery of stolen property and a weapon during a lawful search, can provide probable cause for an arrest.

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Key Quotes

“We find the appellant's allegations to be without merit on this record, and in light of the conclusive evidence of the defendant's guilt, error, if any, would be harmless.”

The court's statement that even if trial errors occurred, they would not affect the verdict due to overwhelming evidence of guilt.

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Facts & Procedural History

On May 18, 1986, a Lums Restaurant in Kendall was robbed and a customer was shot. A distinctive gold chain with a Persian medallion bearing the owner'…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On May 18, 1986, at about 11:20 pm, a Lums Restaurant at S.W. 88th Street and 127th Avenue in Kendall was robbed. During the robbery a customer was shot by the robber. One of the items stolen was a heavy gold chain with a distinctive medallion containing the owner’s birthdate written in Persian. The defendant attempted to pawn the gold chain without success, because he did not have identification. It was in fact pawned by the defendant’s wife. Her signature was on the pawn receipt.

On May 20, 1986, an anonymous informer called Crimestoppers seeking a reward and identifying the defendant as the perpetrator of the robbery. Acting on that tip the police attained a search warrant and searched the défendant’s home where they found the fruits of the Lum’s robbery, and the gun used in the robbery. The defendant was arrested and charged with attempted first degree murder, five counts of kidnapping, burglary, armed robbery, and unlawful possession of a firearm while engaged in a criminal offense, and unlawful possession of a firearm by a convicted felon.

Pursuant to a jury trial the defendant was found guilty on all counts with the exception of the burglary count. He was sentenced on the attempted murder and kidnapping charges to six life sen tences and six three year minimum mandatory sentences, fifteen years on the unlawful possession of a firearm during commission of a felony and one year and one day on unlawful possession of a firearm by a convicted felon. All sentences were to run concurrently.

The appellant raises six points on appeal; the fifth being divided into three subpoints. Appellant alleges, in essence, error in the denial of his motion to disclose the identity of the confidential informant; denial of his motions for judgment of acquittal on the kidnapping charges; allowing the prosecutors to cross examine him about prior conviction for similar offenses; failing to give his requested jury instruction on identification and alibi; denying the appellant a fair opportunity to present his theory of defense by the aforementioned errors; and failing to grant defense motions to suppress out of court and in court identification because of restriction of cross examination of key state witnesses.

We find the appellant’s allegations to be without merit on this record, and in light of the conclusive evidence of the defendant’s guilt, error, if any, would be harmless. Brantley v. State, 279 So. 2d 290 (Fla.1973); Ennis v. State, 300 So. 2d 325 (Fla. 1st DCA 1974); Section 924.33, Florida Statutes (1991).

Affirmed.


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