AHARIACHE V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 MUSTAPHA AHARIACHE ** Appellant, vs. ** ** THE STATE OF FLORIDA CASE NO. 3D03-2688 ** Appellee. ** LOWER TRIBUNAL NO. 03-6636 ** Opinion filed September 22, 2004. An Appeal from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Bennett H. Brummer, Public Defender and Billie Goldstein, Assistant Public Defender, for appellant. Jan Charles J. Crist, Jr., Attorney General and Annette M. Lizardo and Lucretia Pitts, Assistant Attorneys General, for appellee. Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. SCHWARTZ, Chief Judge. Addressing the appellant s primary point on appeal,1 we agree that it may have been preferable, Bobb v. State, 647 So. 1 The other issues present no error and require no discussion. 2d 881, 883 (Fla. 4th DCA 1994), review denied, 659 So. 2d 270 (Fla. 1995), for the prosecutor from testifying defendant trial court inquiring--beyond had the previous to have precluded admitted felony the fact the that convictions, see § 90.610, Fla. Stat. (2003)-- into whether the felon[ies] involved dishonesty or false statement. Bobb, 647 So. 2d at 883. Nonetheless, the convictions and sentence for grand theft and criminal mischief under review are affirmed because we are convinced that any error which may have been involved, but see Tampling v. State, 610 So. 2d 100 (Fla. 1st DCA 1992)(dicta that trial court correctly overruled defendant s objection to prosecutor s question of whether prior felony involved truth or dishonesty); Bobb (indicating that contrary practice preferable ), was harmless beyond a reasonable doubt. was Goodwin v. State, 751 So. 2d 537 (Fla. 1999); State v. Lee, 531 So. 2d 133 (Fla. 1988); State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986). Affirmed. 2

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