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Smith v. State

District Court of Appeal of Florida, Third District
Jul 12, 1988
528 So. 2d 103 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-423.

July 12, 1988.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

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


Any error which might have existed as to the admission of testimony by a state witness regarding the nature of the neighborhood where the defendant was arrested, was harmless beyond a reasonable doubt where defense counsel had made the nature of the neighborhood an issue during opening statement. See McGriff v. State, 497 So.2d 1296 (Fla. 3d DCA 1986) (no harmful error in admitting hearsay testimony regarding photo identification of defendant where defense counsel indicated during opening argument that evidence would show that arrest was based on photo identification), rev. denied, 506 So.2d 1042 (Fla. 1987).

Affirmed.


Summaries of

Smith v. State

District Court of Appeal of Florida, Third District
Jul 12, 1988
528 So. 2d 103 (Fla. Dist. Ct. App. 1988)
Case details for

Smith v. State

Case Details

Full title:THOMAS SMITH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 12, 1988

Citations

528 So. 2d 103 (Fla. Dist. Ct. App. 1988)