Holcomb v. State

Full title: LARRY HOLCOMB, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 13, 1983

443 So. 2d 185 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-863.

December 13, 1983.

Appeal from the Circuit Court, Dade County, Ralph N. Person, J.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

The judgments of conviction and sentences under review are affirmed upon a holding that the substance of the improperly admitted criminal convictions of the defendant herein had already been properly placed before the jury upon the state's cross-examination of the defendant's character witnesses herein. As such, we think the evidence error here was harmless under the circumstances of this case. Culberson v. State, 210 So.2d 248 (Fla. 2d DCA 1968), cert. denied, 218 So.2d 171 (Fla. 1968). §§ 59.041, 924.33, Fla. Stat. (1981); see also Cornelius v. State, 49 So.2d 332 (Fla. 1950); Sias v. State, 416 So.2d 1213, 1217-18 (Fla. 3d DCA 1982), pet. for rev. den., 424 So.2d 763 (Fla. 1982).