LIZZIE MAE MIXON v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LIZZIE MAE MIXON, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D04-0787 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed April 20, 2005. An appeal from the Circuit Court for Escambia County. Michael G. Allen, Judge. Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant s conviction is AFFIRMED. The error, if any, in admitting the victim s out-of-court statement to Deputy Bates, was harmless beyond a reasonable doubt. A harmless error analysis applies to the recent United States Supreme Court decision of Crawford v. Washington, 124 S. Ct. 1354 (2004). See, e.g., United States v. Rodriguez-Marrero, 390 F.3d 1, 17-18 (1st Cir. 2004); United States v. Jones, 393 F.3d 107, 109 (2d Cir. 2004); United States v. Robinson, 389 F. 3d 582, 593 (6th Cir. 2004); United States v. Gilbert, 391 F.3d 882, 884 (7th Cir. 2004); Williams v. United States, 858 A.2d 978, 981 (D.C. 2004); Porter v. State, 606 S.E. 2d 240, 243 (Ga. 2004); Vigil v. State, 98 P.3d 172, 179 (Wyo. 2004); Somervell v. State, 883 So. 2d 836, 839 (Fla. 5th DCA 2004). ERVIN, KAHN and BENTON, JJ., concur. 2

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