CALVIN ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN ANDERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
744 So. 2d 475
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, Calvin Anderson, raises two issues on appeal. His first argument is that the court erred in admitting into evidence a photographic lineup comprised of photos that were identifiable as “mug shots”. We hold the error in' admitting the photos to be harmless. See D’Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984).
Appellant’s second issue is directed to the mandatory minimum term of his three year sentence. We affirm based on Anderson v. State, 736 So. 2d 1260 (Fla. 4th DCA 1999).
AFFIRMED.
DELL, STONE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lock v. State, 799 So. 2d 384 (Fla. 4th DCA 2001)…d 470, 470 (Fla.1976); Loftin v. State, 273 So. 2d 70, 71 (Fla.1973). This court has also recognized that the admission into evidence of a photographic line-up comprised of photos identifiable as “mug shots” can be harmless error. Anderson v. State, 744 So. 2d 475, 475 (Fla. 4th DCA 1999). Although this court did not elaborate on the holding, we cited to D’Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984). In DAnna, photographs of the defendant, with placards indicating the date of the arrest and listing the…
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Tilbert Baynham v. State, 937 So. 2d 1195 (Fla. 4th DCA 2006)…ew Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Each of these claims is meritless. As to the photograph, it was cropped so as to remove all indicia that Baynham was in jail garb. Therefore, there was no error. See Anderson v. State, 744 So. 2d 475 (Fla. 4th DCA 1999); Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985); D’Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984). His claim that the identification was suggestive was already rejected by this court in the appeal of his first conviction.…
Authorities Cited
- Anderson v. State, 736 So. 2d 1260 (Fla. 4th DCA 1999)
- D'Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984)