Laborde v. State

District Court of Appeal of Florida

Laborde v. State

712 So. 2d 841, 1998 Fla. App. LEXIS 8481, 1998 WL 390339

CourtDistrict Court of Appeal of Florida

DecidedJuly 15, 1998

DocketNo. 97-1455

StatusPublished

This text of 712 So. 2d 841 (Laborde v. State) 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.

Bluebook

Laborde v. State, 712 So. 2d 841, 1998 Fla. App. LEXIS 8481, 1998 WL 390339 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Jorge Laborde appeals his conviction of battery on a person sixty-five years of age or older. We find no evidentiary error. First, the disputed question and answer did not bear on a material issue, see Smith v. State, 661 So.2d 358, 361 (Fla. 1st DCA 1995), so the State’s objection was properly sustained on relevancy grounds. Second, although the objection was sustained, the answer was heard by the jury and never stricken, so there was no harm to defendant-appellant in any event.

Affirmed.

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PER CURIAM.

Jorge Laborde appeals his conviction of battery on a person sixty-five years of age or older. We find no evidentiary error. First, the disputed question and answer did not bear on a material issue, see Smith v. State, 661 So.2d 358, 361 (Fla. 1st DCA 1995), so the State’s objection was properly sustained on relevancy grounds. Second, although the objection was sustained, the answer was heard by the jury and never stricken, so there was no harm to defendant-appellant in any event.

Affirmed.

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Bluebook (online)

712 So. 2d 841, 1998 Fla. App. LEXIS 8481, 1998 WL 390339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laborde-v-state-fladistctapp-1998.

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