01-2754 ROBINSON V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2754 ROBINSON V. STATE

Case Date: 12/26/2002

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

DEDRICK T. ROBINSON, Appellant, vs. THE STATE OF FLORIDA, Appellee,

** ** ** ** ** LOWER TRIBUNAL NO. 00-17195 CASE NO. 3D01-2754

Opinion filed December 26, 2002. An appeal from the Circuit Court for Dade County, Daryl E. Trawick, Judge. Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General, and Richard L. Polin, Assistant Attorney General, and Mercedes Oxcan, Legal Intern, for appellee. Before SCHWARTZ, C.J., and COPE, and GODERICH, JJ.

PER CURIAM. Dedrick T. Robinson appeals his convictions for burglary and theft. At trial, the defense properly objected to police

officer testimony regarding the contents of the "Be On Lookout" ("BOLO") announcement of the burglary in process. The objection

should have been sustained, as the hearsay "content of that

statement is inadmissible, especially where it is accusatory." Conley v. State, 620 So. 2d 180, 182 (Fla. 1993) (emphasis in original); State v. Baird, 572 So. 2d 904, 907-08 (Fla. 1990). We are convinced, however, that the error was harmless beyond a reasonable doubt. Kearse v. State, 662 So. 2d 677, 684 (Fla.

1995) (citing State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986)). Affirmed. SCHWARTZ, C.J., and GODERICH, J., concur.

2

Robinson v. State Case No. 3D01-2754

COPE, J. (dissenting).

I

am

not

convinced

that

the

inadmissible

hearsay

was

harmless

beyond a reasonable doubt.

3

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