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Florida District Courts of Appeal, 1988

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided August 10, 1988 · Anstead, Letts, Walden
528 So. 2d 1377; 13 Fla. L. Weekly 1884; 1988 Fla. App. LEXIS 3536; 1988 WL 81914 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

We agree with appellant that the trial court erred in admitting hearsay testimony contradicting appellant’s statements to police about his place of residence. However, we believe the admission of such testimony was harmless and affirm appellant’s conviction.

LETTS and WALDEN, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I agree that hearsay evidence was erroneously admitted, but I cannot agree that its admission was harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

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