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Landrau v. State

District Court of Appeal of Florida, Fourth District
Dec 21, 1983
442 So. 2d 418 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1977.

December 21, 1983.

Appeal from the Circuit Court, Broward County, M. Daniel Futch, Jr., J.

Richard L. Jorandby, Public Defender, Tatjana Ostapoff, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, and Bruce M. Lee, Asst. Attys. Gen., West Palm Beach, for appellee.


This appeal raises two issues. The first, whether narrative testimony by the victim of an attempted murder as to his pain and suffering and the medical measures that were taken because of his gunshot wound was irrelevant, we dispose of as harmless error, the testimony having been brief and the evidence of guilt overwhelming. See McGriff v. State, 417 So.2d 300 (Fla. 3d DCA 1982). The second error complained of occurs in the sentence. The trial court retained jurisdiction over a portion of the sentence allegedly without stating grounds therefor with sufficient particularity. The error, however, was not preserved for review nor is it fundamental. McFadden v. State, 423 So.2d 456 (Fla. 4th DCA 1982); Hernandez v. State, 425 So.2d 213 (Fla. 4th DCA 1983).

Accordingly, we affirm.

AFFIRMED.

ANSTEAD, C.J., and DELL, J., concur.


Summaries of

Landrau v. State

District Court of Appeal of Florida, Fourth District
Dec 21, 1983
442 So. 2d 418 (Fla. Dist. Ct. App. 1983)
Case details for

Landrau v. State

Case Details

Full title:DAVID LUTZ LANDRAU, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 21, 1983

Citations

442 So. 2d 418 (Fla. Dist. Ct. App. 1983)