Harris v. State

Carlton HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 11, 1982.

Rehearing Denied June 17, 1982.

District Court of Appeal of Florida · decided 1982-05-11

Cited by 6 later decisions — most recently December 1989

5 state decisions

Relies on Postell v. State · Molina v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-05-11

View the full empirical analysis of this case →

¶1 *243 Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and John F. Robenalt, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, NESBITT and FERGUSON, JJ.

¶4SCHWARTZ, Judge.

¶5As held in Postell v. State,398 So.2d 851 (Fla. 3d DCA 1981) and Molina v. State,406 So.2d 57 (Fla. 3d DCA 1981), it was improper to admit hearsay evidence as to the basis for the inclusion of the defendant's picture in a photographic lineup. Unlike those cases, however, the in-court identification of the defendant was not severely challenged, and there was no alibi or other defense asserted. It therefore clearly appears from this record that the error was harmless. Section 924.33, Fla. Stat. (1979).

¶6Affirmed.