May 27, 2005.
An appeal from an order of the Circuit Court for Duval County, L. Page Haddock, Judge.
Nancy A. Daniels, Public Defender; Richard M. Summa, Assistant Public Defender, Tallahassee, for appellant.
Charlie Crist, Attorney General; Charlie McCoy, Assistant Attorney General, Tallahassee, for appellee.
WOLF, C.J., and DAVIS, J., concur; BROWNING, J., concurs with Written Opinion.
I concur in the majority opinion, and I write only to point out that the trial court erred by failing to allow defense counsel to use photographs to refresh Detective Elegino's memory. See Reid v. State, 799 So.2d 394 (Fla. 4th DCA 2001). Nevertheless, I concur because the error is harmless.