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Holland v. State

District Court of Appeal of Florida, Third District
Mar 8, 1994
632 So. 2d 723 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1132.

March 8, 1994.

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

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

Robert A. Butterworth, Atty. Gen., and Paul M. Gayle-Smith, Asst. Atty. Gen., for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.


We affirm defendant's convictions for strong-armed robbery and resisting arrest without violence. Although the trial court erred in "admitting into evidence an out-of-court statement relating accusatory information to establish the logical sequence of events," Conley v. State, 620 So.2d 180, 183 (Fla. 1993), we hold that the error was harmless beyond any reasonable doubt. A review of the record, which includes the officer's testimony concerning his observation of defendant and the victim at the scene, defendant's flight upon being questioned by the officer, the victim's uncontradicted testimony that defendant took cash from him, and defendant's possession of the victim's check, demonstrates that there is no reasonable possibility that the improperly admitted evidence affected the verdict. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986). Accordingly, we affirm the judgment of convictions.

Affirmed.


Summaries of

Holland v. State

District Court of Appeal of Florida, Third District
Mar 8, 1994
632 So. 2d 723 (Fla. Dist. Ct. App. 1994)
Case details for

Holland v. State

Case Details

Full title:EDWARD HOLLAND, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 8, 1994

Citations

632 So. 2d 723 (Fla. Dist. Ct. App. 1994)

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