Legal Opinion

Golden v. State

District Court of Appeal of Florida

Decided May 29, 2013No. 4D11-4062PublishedCited by 1 opinion

1Opinion of the CourtWarner, J.

During appellant’s trial for driving with a revoked license and resisting a police officer without violence, the state elicited testimony from the arresting officer that, at the arrest scene, appellant’s children identified appellant as their father, which went to prove the identity of the driver of the vehicle that the officer had stopped. Because the children did not testify at trial, this statement constituted inadmissible hearsay. We reverse, as we cannot conclude that the admission of the evidence was harmless beyond a reasonable doubt.

An officer of the Fort Lauderdale Police Department…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Nardone v. StateDistrict Court of Appeal of Florida · 2001
  3. Hayes v. StateSupreme Court of Florida · 1991
  4. Valley v. StateDistrict Court of Appeal of Florida · 2003
  5. Bryant v. StateDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Constant v. StateDistrict Court of Appeal of Florida · 2013

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