Florida District Courts of Appeal, 1983

Hampton v. State

Hampton v. State
Florida District Courts of Appeal · Decided February 23, 1983 · Anstead, Beranek, Downey
426 So. 2d 1296; 1983 Fla. App. LEXIS 20706 (Southern Reporter, Second Series)

Hampton v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Willis v. State, 208 So.2d 458 (Fla. 1st DCA 1968).

DOWNEY and BERANEK, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

ANSTEAD, Judge,

concurring specially:

I agree with the majority that any reference by a police officer at trial to appellant’s photograph as being among those contained in a “photo album that we keep in the robbery squad” was not sufficiently egregious to mandate the granting of a mistrial. See e.g. Loftin v. State, 273 So.2d 70 (Fla. 1973); Anderson v. State, 230 So.2d 704 (Fla. 1973); Willis v. State, 208 So.2d 458 (Fla. 1st DCA 1968). However, I must concede that our conclusion appears to conflict with the holding in Jones v. State, 194 So.2d 24 (Fla. 3d DCA 1967) wherein that court held that a similar remark was sufficiently egregious to mandate a new trial. But see Williams v. State, 233 So.2d 428 (Fla. 3d DCA 1970) (holding that any such error was harmless).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.