Harris v. State, 414 So. 2d 242

SCHWARTZ, Judge.

As held in Postell v. State, 398 So.2d 851 (Fla. 3d DCA 1981) and Molina v. State, 406 So.2d 57 (Fla. 3d DCA 1981), it was improper to admit hearsay evidence as to the basis for the inclusion of the defendant‘s picture in a photographic lineup. Unlike those cases, however, the in-court identification of the defendant was not severely challenged, and there was no alibi or other defense asserted. It therefore clearly appears from this record that the error was harmless. Section 924.33, Fla. Stat. (1979).

Affirmed.

Case Details

Case Name: Harris v. State

Court Name: District Court of Appeal of Florida

Date Published: May 11, 1982

Citations: 414 So. 2d 242; 81-1904

Docket Number: 81-1904

Court Abbreviation: Fla. Dist. Ct. App.