Opinion
Case No. 3D01-2754
Opinion filed December 26, 2002.
An appeal from the Circuit Court for Dade County, Daryl E. Trawick, Judge. L.T. No. 00-17195.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Richard E. Doran, Attorney General, and Richard L. Polin, Assistant Attorney General, and Mercedes Oxcan, Legal Intern, for appellee.
Before SCHWARTZ, C.J., and COPE, and GODERICH, JJ.
Dedrick T. Robinson appeals his convictions for burglary and theft. At trial, the defense properly objected to police officer testimony regarding the contents of the "Be On Lookout" ("BOLO") announcement of the burglary in process. The objection should have been sustained, as the hearsay " content of that statement is inadmissible, especially where it is accusatory." Conley v. State, 620 So.2d 180, 182 (Fla. 1993) (emphasis in original); State v. Baird, 572 So.2d 904, 907-08 (Fla. 1990). We are convinced, however, that the error was harmless beyond a reasonable doubt. Kearse v. State, 662 So.2d 677, 684 (Fla. 1995) (citing State v. DiGuilio, 491 So.2d 1129 (Fla. 1986)).
Affirmed.
SCHWARTZ, C.J., and GODERICH, J., concur.
I am not convinced that the inadmissible hearsay was harmless beyond a reasonable doubt.