Florida District Courts of Appeal, 1980

Holmes v. Wainwright

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)

Holmes v. Wainwright

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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