Honesimo Rubio v. The State of Florida
This text of Honesimo Rubio v. The State of Florida (Honesimo Rubio v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed August 21, 2024. Not final until disposition of timely filed motion for rehearing. ________________
No. 3D22-1394 Lower Tribunal No. F14-7868 ________________
Honesimo Rubio, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and MILLER and GOODEN, JJ.
PER CURIAM.
In light of the victim’s eyewitness testimony that he spent time
socializing with the defendant before the defendant shot him, we find that the victim’s brother’s testimony identifying the defendant’s truck, even if it were
based on implied hearsay rather than a change in testimony (which we do
not decide), was at best, “harmless beyond a reasonable doubt.” Capehart
v. State, 583 So. 2d 1009, 1013 (Fla. 1991) (citing State v. DiGuilio, 491 So.
2d 1129 (Fla. 1986)).
Affirmed.
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