Florida District Courts of Appeal, 1980

Holmes v. Wainwright

Florida District Courts of Appeal · Decided November 12, 1980 · Cowart, Sharp, Upchurch

389 So. 2d 1233; 1980 Fla. App. LEXIS 17608 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Hernandez v. State (Fla. Dist. Ct. App. 1988)
Robins v. State (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

COWART, Judge.

Appellant had a fair trial that reached a just result but it was not a perfect trial. Technical error was committed in admitting hearsay into evidence. Nevertheless, in our opinion, after an examination of the entire case, it does not appear that a different result would have been reached at trial if the error had not occurred nor that the error resulted in a miscarriage of justice. We are constrained by Section 59.041, Flori*1234da Statutes (1979), from reversing the judgment below and it is, therefore,

AFFIRMED.

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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