ARCHIE B. GRAY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARCHIE B. GRAY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
400 So. 2d 468
Florida District Court of Appeal, Fifth District (1981)
Caution
Cited by 16 cases
Opinion of the Court
FRANK D. UPCHURCH, Jr., Judge.
REVERSED and REMANDED but, as in Gee v. State, 400 So. 2d 466 (Fla. 5th DCA 1981), we certify the following question to the Florida Supreme Court:
CAN AN APPELLATE COURT APPLY THE HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF A TRIAL COURT TO GIVE THE JURY INSTRUCTION REQUIRED BY RULE 3.390(a), FLORIDA RULES OF CRIMINAL PROCEDURE, IF THE APPELLANT’S GUILT IS CLEARLY ESTABLISHED AND THE APPELLATE COURT DETERMINES THE ERROR COULD NOT HAVE AFFECTED THE VERDICT?
ORFINGER and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Griffin v. State, 474 So. 2d 777 (Fla. 1985)…he conduct or criminal episode which gave rise to the crime charged.” Rule 3.191(a)(4). Griffin was not arrested in 1981 based on the definition of a technical arrest set out in Melton v. State, 75 So. 2d 291 (Fla.1954). See also State v. Breedlove, 400 So. 2d 468 (Fla. 4th DCA), review denied, 402 So. 2d 608 (Fla.1981). Griffin also claims a speedy trial violation assuming arrest in 1982. However, the basis for his motion for discharge was grounded solely on the theory that arrest occurred in 1981 and this…
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Williams v. State, 399 So. 2d 999 (Fla. 3d DCA 1981)…rly established and the appellate court determines the error could not have affected the verdict?” See Meeks v. State, supra (opinion on motion for rehearing filed April 8, 1981); Haislip v. State, 400 So. 2d 473 (Fla. 5th DCA 1981); Gray v. State, 400 So. 2d 468 (Fla. 5th DCA 1981); Johnson v. State, 394 So. 2d 1121 (Fla. 5th DCA 1981), and Gee v. State, 400 So. 2d 466 (Fla. 5th DCA 1981). .Compare the Federal jury instructions: “Under the Federal system of criminal procedure you are not to concern yoursel…
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State v. Stanley, 399 So. 2d 371 (Fla. 3d DCA 1981)…(1977). Here, Stanley raises no due process claims and we perceive none. Nor do we find any violation of Stanley’s rights under the Sixth Amendment. See United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468 (1971); State v. Breedlove, 400 So. 2d 468 (Fla. 4th DCA 1981). We find further, that Thomas, supra, does not apply to Stanley’s claim under the speedy trial rule. Florida Rule of Criminal Procedure 3.191 requires dismissal only when the state has failed to charge a defendant with crimes ar…
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- GEE v. State, 400 So. 2d 466 (Fla. 5th DCA 1981)