Hampton v. State (426 So. 2d 1296, 1983)

PER CURIAM.

AFFIRMED. See Willis v. State, 208 So.2d 458 (Fla. 1st DCA 1968).

DOWNEY and BERANEK, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge,

concurring specially:

I agree with the majority that any reference by a police officer at trial to appellant’s photograph as being among those contained in a “photo album that we keep in the robbery squad” was not sufficiently egregious to mandate the granting of a mistrial. See e.g. Loftin v. State, 273 So.2d 70 (Fla.1973); Anderson v. State, 230 So.2d 704 (Fla.1973); Willis v. State, 208 So.2d 458 (Fla. 1st DCA 1968). However, I must concede that our conclusion appears to conflict with the holding in Jones v. State, 194 So.2d 24 (Fla. 3d DCA 1967) wherein that court held that a similar remark was sufficiently egregious to mandate a new trial. But see Williams v. State, 233 So.2d 428 (Fla. 3d DCA 1970) (holding that any such error was harmless).