ROSADO v. STATE

No. 5D00-1914.

785 So.2d 751 (2001)

Merced ROSADO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

We agree with appellant that the letter written by a witness who claimed to have seen appellant, a correctional officer, fondle a female prisoner was inadmissible as a prior consistent statement because it was written after that witness had a motive to fabricate. However, the question here is whether the letter could have had an influence on the outcome of the trial. We find harmless error.

The witness told the chaplain about viewing appellant molesting...

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