Opinion
No. 97-2640
Opinion filed February 10, 1999. JANUARY TERM, 1999
An Appeal from the Circuit Court for Dade County, Arthur Maginnis, Judge, L.T. No. 96-2354.
John H. Lipinski, for appellant.
Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.
Before COPE, LEVY and SHEVIN, JJ.
We affirm defendant's conviction and sentence finding no error in the trial court's denial of the suppression motion. Bruno v. State, 574 So.2d 76 (Fla.), cert. denied, 502 U.S. 834 (1991). In so doing, we hold that Thompson v. State, 705 So.2d 1046 (Fla 4th DCA 1998), is inapplicable. Even if we were persuaded that admission of testimony based on documents that were not in evidence under the business records hearsay exception is error, any such error is harmless in light of the defendant's confession and the overwhelming evidence of guilt.
Affirmed.