Dowling v. State

Full title: GERALD BRUCE DOWLING, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 25, 1993

618 So. 2d 373 (Fla. Dist. Ct. App. 1993)

Opinion

No. 90-1306.

May 25, 1993.

An Appeal from the Circuit Court for Dade County; Henry L. Oppenborn, Judge.

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and GERSTEN, JJ.

PER CURIAM.

We have reconsidered this case in light of the Supreme Court's mandate in Dowling v. State, 605 So.2d 465 (Fla. 1992). We affirm based upon Pardo v. State, 596 So.2d 665 (Fla. 1992).

We are affirming the convictions in this case because the admission of the child hearsay testimony did not rise to the level of reversible error. However, we caution the State that we will continue to scrutinize the admission of child hearsay testimony to prevent prosecutorial overkill.

Affirmed.