Perez v. State

Full title: AURELIO PEREZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 5, 1984

452 So. 2d 107 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-1838.

June 5, 1984.

Appeal from the Circuit Court, Dade County, Robert P. Kaye, J.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Michael J. Neimand, Asst. Atty. Gen., and Lawrence G. Price, Certified Legal Intern, for appellee.

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

PER CURIAM.

The judgment of conviction and sentence under review is affirmed upon a holding that: (a) the trial court committed a technical error in admitting the hearsay testimony complained of on appeal, see Privett v. State, 417 So.2d 805, 806 (Fla. 5th DCA 1982), (b) the said error, however, was harmless in the context of this case as the evidence of guilt was overwhelming and the cause was tried non-jury. See First Atlantic National Bank of Daytona Beach v. Cobbett, 82 So.2d 870, 871-72 (Fla. 1955); § 924.33, Fla. Stat. (1983).

Affirmed.