Florida District Courts of Appeal, 1998

Laborde v. State

Laborde v. State
Florida District Courts of Appeal · Decided July 15, 1998 · Cope, Shevin, Sorondo
712 So. 2d 841; 1998 Fla. App. LEXIS 8481; 1998 WL 390339 (Southern Reporter, Second Series)

Laborde v. State

Opinion of the Court

PER CURIAM.

Jorge Laborde appeals his conviction of battery on a person sixty-five years of age or older. We find no evidentiary error. First, the disputed question and answer did not bear on a material issue, see Smith v. State, 661 So.2d 358, 361 (Fla. 1st DCA 1995), so the State’s objection was properly sustained on relevancy grounds. Second, although the objection was sustained, the answer was heard by the jury and never stricken, so there was no harm to defendant-appellant in any event.

Affirmed.

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