Hernandez v. State

Full title: JUAN HERNANDEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 1, 1994

630 So. 2d 1245 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-532.

February 1, 1994.

Appeal from the Circuit Court, Monroe County, Jefferson Overby, J.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Cecily Robinson-Duffie, Asst. Atty. Gen., Hollywood, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Appellant, Juan Hernandez, contends on appeal that an arresting officer's gratuitous comment that "most people who consent to a search are guilty" deprived appellant of a fair trial. We conclude that if there was any error, it was harmless. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Accordingly, appellant's convictions and sentences for trafficking in cocaine and possession of marijuana are affirmed.

Affirmed.