Opinion
No. AS-252.
June 17, 1983.
A Petition for Writ of Certiorari — Original Jurisdiction.
Jim Smith, Atty. Gen., and Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for petitioner.
No appearance by respondent.
Petition and cross-petition for writ of certiorari are denied.
MILLS and SHIVERS, JJ., concur.
BOOTH, J. concurs in part and dissents in part.
I would grant the petition, reinstate the conviction, and reverse the new trial awarded by the circuit court sitting in its appellate capacity. Admission of the evidence complained of, if erroneous, was harmless. As to the cross-petition, I concur with the majority.