From Casetext: Smarter Legal Research

Allen v. State

District Court of Appeal of Florida, Fourth District
Sep 11, 1985
474 So. 2d 261 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1352.

June 12, 1985. Rehearing Denied September 11, 1985.

Appeal from the Circuit Court, Broward County, Leroy H. Moe, J.

Richard L. Jorandby, Public Defender, and Thomas F. Ball III, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


We have reviewed the issues raised on appeal and conclude that no reversible error has been shown. The claim of error as to the prosecutor's use of a deposition to refresh the memory of a witness was withdrawn at oral argument. As to the jury selection issue we affirm on the authority of McRae v. State, 62 Fla. 74, 57 So. 348 (Fla. 1912). As to the admission of hearsay testimony, we conclude that any possible error could have been cured by a request for a curative instruction and that any error was harmless in view of the substantial evidence of the appellant's guilt and the ambiguous nature of the hearsay comment. We also reject appellant's claims as to the sufficiency of the evidence and the refusal of the trial court to dismiss the case because of alleged prosecutorial misconduct.

Accordingly, we affirm the appellant's convictions.

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


Summaries of

Allen v. State

District Court of Appeal of Florida, Fourth District
Sep 11, 1985
474 So. 2d 261 (Fla. Dist. Ct. App. 1985)
Case details for

Allen v. State

Case Details

Full title:LEE HAWKINS ALLEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 11, 1985

Citations

474 So. 2d 261 (Fla. Dist. Ct. App. 1985)

Citing Cases

McKnight v. State

Affirmed. See and compare State v. Reddick, 568 So.2d 902, (Fla. 1990) [15 F.L.W. S430]; State v. Smith, 547…

Hernandez v. State

This is so because, unlike Postell v. State, 398 So.2d 851 (Fla. 3d DCA), rev. denied, 411 So.2d 384 (Fla.…