Florida District Courts of Appeal, 1995

Matthews v. State

Matthews v. State
Florida District Courts of Appeal · Decided November 22, 1995 · Jorgenson, Nesbitt, Schwartz
663 So. 2d 9; 1995 Fla. App. LEXIS 12295; 1995 WL 689517 (Southern Reporter, Second Series)

Matthews v. State

Opinion of the Court

PER CURIAM.

Upon consideration of the entire record, which contains overwhelming and essentially unrebutted evidence of the defendant’s guilt, we conclude that the undoubted errors involving the prosecutor’s final argument and the admission of evidence were harmless beyond a reasonable doubt. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Hence, the convictions are affirmed. As the state concedes, the defendant was improperly sentenced to a concurrent twelve-year term for possession of cocaine; on remand, that sentence shall be reduced to the statutory maximum of a five-year concurrent sentence. §§ 775.082(3)(d), 893.13(l)(f), Fla.Stat. (1991). The sentences are otherwise also affirmed.

Affirmed in part, reversed in part.

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