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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.
Document Info
Docket Number: No. 97-1455
Citation Numbers: 712 So. 2d 841, 1998 Fla. App. LEXIS 8481, 1998 WL 390339
Judges: Cope, Shevin, Sorondo
Filed Date: 7/15/1998
Precedential Status: Precedential
Modified Date: 10/18/2024