Opinion
No. 75-1253.
March 18, 1977. Rehearing Denied April 25, 1977.
Appeal from Circuit Court, Broward County; M. Daniel Futch, Jr., Judge.
Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
CROSS and DAUKSCH, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
In an attempt to impeach the court's witness, who denied any knowledge of the case being tried, the state was permitted to read from the alleged prior statement of the witness establishing in detail the defendant's participation in the crime charged. This testimony violated the rule set out in Rankin v. State, 143 So.2d 193 (Fla. 1962) and should not have been admitted. However, I am convinced that the admission of such testimony was harmless error and agree the judgment should be affirmed. Oliver v. State, 239 So.2d 637 (Fla. 1st DCA 1970).