Simmons v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CLARENCE SIMMONS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D05-2625 Opinion filed April 7, 2006. Appeal from the Circuit Court for Pinellas County; Lauren C. Laughlin, Judge. James Marion Moorman, Public Defender, and Alfonso M. Saldana, Special Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Clarence Simmons appeals his judgment and sentence for possession of marijuana and trafficking in cocaine. Although the trial court erroneously allowed the State to introduce inadmissible hearsay statements regarding Simmons under the guise of impeachment, we conclude such error was harmless. See State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986). Affirmed. ALTENBERND, SALCINES, and KELLY, JJ., Concur. -2-

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