PERRY v. STATE

No. 4D01-1370.

817 So.2d 985 (2002)

Clavon D. PERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 29, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, C.J.

Clavon Perry timely appeals her conviction for aggravated battery. We write to address only one issue on appeal, namely Perry's contention that a non-testifying witness's out-of-court identification was erroneously introduced at trial. Though we agree the admission of such testimony was erroneous, we find such error was harmless, and thus affirm the conviction entered below.

The victim of the battery in question was using a public pay-phone around...

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