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LABORDE v. STATE

No. 97-1455.

712 So.2d 841 (1998)

Jorge LABORDE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 15, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, SHEVIN and SORONDO, JJ.

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...

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