Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

Fulmore v. State483 So. 2d 765 (Fla. Dist. Ct. App. 1986) · DCA84-2551

Court
District Court of Appeal
Decided
1986-02-05
Law cited
§ 39.111(6)
On CourtListener
GLICKSTEIN, Judge.

This is an appeal from a judgment and sentence following a jury’s determination that the defendant was guilty of armed robbery, shooting within an occupied building and discharging a firearm in public. We reverse and remand for new trial because two of the errors asserted by appellant have merit.

First, allowing hearsay evidence by an officer who testified that he received “certain information” which led him to place appellant’s photograph in the second photographic lineup was harmful error. Unlike the fleeting reference in Barnes v. State, 470 So.2d 851 (Fla. 1st DCA 1985), this error was carved in stone on three separate occasions, depriving the accused of his constitutional right to confrontation. See Rolle v. State, 416 So.2d 51 (Fla. 4th DCA 1982); Molina v. State, 406 So.2d 57 (Fla. 3d DCA 1981); Postell v. State, 398 So.2d 851 (Fla. 3d DCA 1981).

Second, the trial court allowed Deputy Janson to testify as a rebuttal witness, notwithstanding the absence of his name from the witness list, without conducting a Richardson hearing as requested by the defendant.

*766While clearly not a basis for new trial, we call the trial court’s attention to its failure to fulfill the writing requirements of Section 39.111(6), Florida Statutes (1983).

HERSEY, C.J., and HURLEY, J., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.