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462 So. 2d 831

462 So.2d 831

10 Fla.L.Weekly 50

Breines v. State

District Court of Appeal of Florida

Decided December 19, 1984

District Court of Appeal of Florida · decided 1984-12-19

Cited by 2 later decisions — most recently October 1989

2 state decisions

Relies on 395 So. 2d 514 - State v. Benitez · 443 So. 2d 955 - State v. Murray · State v. Werner

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-19

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RIYKIND, LEONARD, Associate Judge.

¶1Appellant was convicted of drug trafficking. We conclude from a careful examination of the entire record that a decidedly improper remark by the prosecutor in summation “[Y]ou don’t need fingerprints when you have got eyewitnesses ... and I could have brought in five others ...,” was harmless error because of the overwhelming evidence against appellant. See State v. Murray, 443 So.2d 955 (Fla.1984).

¶2The remaining point on appeal concerns the validity of the Florida trafficking statute, § 893.135, Fla. Stat. (1981). It is constitutional. State v. Werner, 402 So.2d 386 (Fla.1981). State v. Benitez, 395 So.2d 514 (Fla.1981).

¶3Affirmed.

HERSEY, J., concurs.LETTS, J., dissents with opinion.
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