162 So. 3d 168

Robert Anthony ORTIZ, Appellant, v. STATE of Florida, Appellee.

No. 2D13-3645.

District Court of Appeal of Florida, Second District.

Jan. 30, 2015.

Howard L. Dimmig, II, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

MORRIS, Judge.

Robert Anthony Ortiz appeals his judgments and sentences for robbery (with discharge of a firearm) and fleeing or eluding a law enforcement officer. We agree with Ortiz that the trial court erred by allowing the State to inquire about the nature of Ortiz’s prior convictions during cross-examination. See Rodriguez v. State, 761 So.2d 381, 383 (Fla. 2d DCA 2000); Britton v. State, 604 So.2d 288, 291 (Fla. 2d DCA 1992). However, Ortiz failed to preserve this issue for appeal, and we decline to find fundamental error. Instead, based on our review of all the evidence, we conclude that there is no reasonable possibility that the error contributed to the conviction and, therefore, the error was harmless. See Riechmann v. State, 581 So.2d 133, 140 (Fla.1991) (holding that improper impeachment by prior convictions was harmless given the other evidence in the case); Houston v. State, 337 So.2d 852, 853 (Fla. 1st DCA 1976) (same).

Affirmed.

NORTHCUTT and SILBERMAN, JJ., Concur.

Ortiz v. State
162 So. 3d 168

Case Details

Name
Ortiz v. State
Decision Date
Jan 30, 2015
Citations

162 So. 3d 168

Jurisdiction
Florida

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