Melton v. State

Full title: JOHN W. MELTON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 6, 1981

404 So. 2d 798 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-28.

October 6, 1981.

Appeal from the Circuit Court for Dade County, Ellen Morphonios Gable, J.

Bennett H. Brummer, Public Defender and James V. Johnstone, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We have carefully considered each of the points on appeal and find no reversible error. The statement attributed to the deceased placing defendant at scene of crime was inadmissible hearsay but harmless error where defendant's presence at scene of the crime was established by other competent evidence. See, e.g., Roth v. State, 359 So.2d 881 (Fla.3d DCA 1978), cert. denied, 367 So.2d 1126 (Fla. 1979).

Affirmed.