Legal Opinion · Dissent

GLENROY ANDERSON v. STATE OF FLORIDA

District Court of Appeal of Florida

Decided November 1, 2017No. 4D15-4300Published

1DissentMay, J.

I respectfully dissent. As the majority emphasizes, the only issue for our review is whether the admission of the detective’s hearsay testimony was harmless. The State argues, and I agree, that the testimony was cumulative of the victim’s statement and trial testimony describing the gun. In short, it was harmless.

The hearsay consisted of two answers to questions asked of the detective at trial. Over defense hearsay objections, the detective testified:

The victim said that the gun had a silver or nickel plated top, or what we call upper, and the lower was black and then what struck me about…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. CASICA v. StateDistrict Court of Appeal of Florida · 2009
  3. Miles v. StateDistrict Court of Appeal of Florida · 2003
  4. English v. StateDistrict Court of Appeal of Florida · 2010
  5. Presley v. StateDistrict Court of Appeal of Florida · 2003

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