Florida District Courts of Appeal, 1984

Breines v. State

Breines v. State
Florida District Courts of Appeal · Decided December 19, 1984 · Hersey, Leonard, Letts, Riykind
462 So. 2d 831; 10 Fla. L. Weekly 50; 1984 Fla. App. LEXIS 16128 (Southern Reporter, Second Series)

Breines v. State

Opinion of the Court

RIYKIND, LEONARD, Associate Judge.

Appellant 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).

The 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).

Affirmed.

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

Dissenting Opinion

LETTS, Judge,

dissenting.

I dissent, because I believe this decision may be in conflict with Thompson v. State, 318 So.2d 549 (Fla. 4th DCA 1975). Moreover, I am far from convinced it was harmless error.

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