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474 So. 2d 261

Docket No. 84-1352.

Allen v. State

Lee Hawkins ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 12, 1985.

Rehearing Denied September 11, 1985.

District Court of Appeal of Florida · decided 1985-06-12

Cited by 4 later decisions — most recently December 1990

4 state decisions

Relies on M'Rae v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-06-12

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¶1*262 Richard L. Jorandby, Public Defender, and Thomas F. Ball III, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We have reviewed the issues raised on appeal and conclude that no reversible error has been shown. The claim of error as to the prosecutor's use of a deposition to refresh the memory of a witness was withdrawn at oral argument. As to the jury selection issue we affirm on the authority of McRae v. State,62 Fla. 74, 57 So. 348 (Fla. 1912). As to the admission of hearsay testimony, we conclude that any possible error could have been cured by a request for a curative instruction and that any error was harmless in view of the substantial evidence of the appellant's guilt and the ambiguous nature of the hearsay comment. We also reject appellant's claims as to the sufficiency of the evidence and the refusal of the trial court to dismiss the case because of alleged prosecutorial misconduct.

¶5Accordingly, we affirm the appellant's convictions.

¶6ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.

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