Santiago Solivan v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 2, 2024
• Docket: 3D2023-0665
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0665 Lower Tribunal No. F20-10093 ________________

Santiago Solivan, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.

Before FERNANDEZ, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986)

(explaining harmless error test); English v. State, 43 So. 3d 871, 872 (Fla.

5th DCA 2010) (“’[T]he contents of a BOLO are generally inadmissible . . . .’

However, when as here, the victim testifies to the same information during

the trial, courts have often considered the admission of the BOLO’s contents

cumulative in nature, and, therefore, harmless.”) (quoting in part Tillman v.

State, 964 So. 2d 785, 788 (Fla. 4th DCA 2007)); see also Andres v. State,

254 So. 3d 283, 300 (Fla. 2018) (“While the State cannot comment on the

defendant’s failure to present evidence, there is no impropriety in observing,

in response to arguments made by the defense, that the defense’s theory is

not supported by actual evidence.”).