05-0088 ORDONEZ-MEDINA V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-0088 ORDONEZ-MEDINA V. STATE

Case Date: 12/27/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

ROBERTO G. ORDONEZ-MEDINA, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 04-14122 CASE NO. 3D05-88

Opinion filed December 27, 2006. An Appeal from the Circuit Court for Miami-Dade County, Ivan F. Fernandez, Judge. Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Fleming, Assistant Attorney General, for appellee. Angel L.

Before WELLS and SUAREZ, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See Irizarry v. State, 905 So. 2d 160 (Fla. 3d DCA 2005) (trial court's ruling on a motion for judgment of

acquittal is affirmed on appeal if a rational trier of fact could find the existence of the elements of the offense beyond a reasonable doubt), review denied, 917 So. 2d 194 (Fla. 2005); Lee v. State, 869 So. 2d 1251 (Fla. 3d DCA 2004) (admission of hearsay harmless beyond a reasonable doubt where it was

cumulative of other evidence).

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