Felder v. State

Full title: Samuel FELDER, Appellant v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Sep 27, 2000

767 So. 2d 1267 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-1717.

September 27, 2000.

An appeal from the Circuit Court of Miami-Dade County, Leslie B. Rothenberg and Thomas M. Carney, Judges.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.

PER CURIAM.

We affirm defendant's convictions. Defendant misplaces his reliance on Conner v. State, 748 So.2d 950 (Fla. 1999) (elderly adult hearsay exception facially unconstitutional), cert denied, ___ U.S. ___, 120 S.Ct. 2719, 147 L.Ed.2d 984 (2000), when, as here, the victims testified at trial under oath, and were subject to extensive cross-examination. Any error in admitting the victims' cumulative hearsay statements was entirely harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

Affirmed.