Opinion
No. 77-547/T4-5.
November 12, 1980.
Appeal from the Circuit Court, Orange County, Maurice M. Paul, J.
Wilbur Holmes, pro se.
Richard L. Jorandby, Public Defender, Tatjana Ostapoff, Chief, Appellate Division, Asst. Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Gregory C. Smith and Barbara Ann Butler, Asst. Attys. Gen., Daytona Beach, for appellee.
Appellant had a fair trial that reached a just result but it was not a perfect trial. Technical error was committed in admitting hearsay into evidence. Nevertheless, in our opinion, after an examination of the entire case, it does not appear that a different result would have been reached at trial if the error had not occurred nor that the error resulted in a miscarriage of justice. We are constrained by Section 59.041, Florida Statutes (1979), from reversing the judgment below and it is, therefore,
AFFIRMED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.