DONALD DEMETRIUS JENKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-02-19
No. 3D02-1158
Before SCHWARTZ, C.J., and GERSTEN and WELLS, JJ.
837 So. 2d 1088 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 1 case
Topics
Fundamental Error Harmless Error

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The sole point raised by the defendant on this appeal from a second degree murder conviction challenges the admission of the following statement of the investigating officer:

When I saw [the defendant], I thought it was supposedly somebody I had dealt with in the past year as a witness or somebody I just come across in the past during the course of a robbery investigation.

Particularly because the officer later stated that he had been mistaken and that he had not previously known Jenkins at all, we find no error, let alone, as is required because no objection was made below, fundamental error, in this statement. Contrary to the defendant’s argument, there was no harmful implication that Jenkins had even been involved in the prior robbery. See Willis v. State, 669 So. 2d 1090 (Fla. 3d DCA 1996); Hardie v. State, 513 So. 2d 791 (Fla. 4th DCA 1987), review denied, 520 So. 2d 586 (Fla.1988); Periu v. State, 490 So. 2d 1327 (Fla. 3d DCA 1986). See also Archer v. State, 673 So. 2d 17 (Fla.1996)(fundamental error), cert. denied, 519 U.S. 876, 117 S.Ct. 197, 136 L.Ed.2d 134 (1996).

Affirmed.

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Cited By

  • Jenkins v. State, 886 So. 2d 317 (Fla. 3d DCA 2004)
    …PER CURIAM. The petition for habeas corpus based on appellate counsel’s failure to raise the denial of the defendant’s motion to suppress his confession on direct appeal, see Jenkins v. State, 837 So. 2d 1088 (Fla. 3d DCA 2003), is denied because the ground asserted has no substantive merit. Brown v. State, 846 So. 2d 1114 (Fla.2003); Frances v. State, 857 So. 2d 1002 (Fla. 5th DCA 2003).…

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