ROBERT LEE THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT LEE THOMPSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 990
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Judgment of conviction below is reversed and the cause remanded for a new trial pursuant to Tascano v. State, 363 So. 2d 405, reversed, 393 So. 2d 540 (Fla.1980), reh. denied, February 27, 1981.
ERVIN, BOOTH and JOANOS, JJ., concur.
Other
ON PETITION FOR REHEARING
We adhere to our opinion of reversal and remand pursuant to Tascano v. State, 363 So. 2d 405, reversed, 393 So. 2d 540 (Fla., June 5, 1980), reh. denied, February 27, 1981; but, in accord with this court’s opinion in Studstill v. State, 397 So. 2d 753 (Fla.1st DCA 1981), we certify to the Supreme Court the following question:
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?
ERVIN, BOOTH and JOANOS, JJ., concur. Decision affirmed, Fla., 406 So. 2d 1117.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ashwood v. State, 405 So. 2d 991 (Fla. 1st DCA 1981)…and pursuant to Tascano v. State, 363 [*992] So. 2d 405, reversed, 393 So. 2d 540 (Fla. 1980), reh. denied, February 27, 1981; but, in accord with this court’s opinions in Studstill v. State, 397 So. 2d 753 (Fla.1st DCA 1981), and Thompson v. State, 405 So. 2d 990 (Fla.1st DCA 1981), we certify to the Supreme Court the following question: 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 inst…
-
State v. Thompson, 406 So. 2d 1117 (Fla. 1981)…PER CURIAM. Affirmed. 405 So. 2d 990. Murray v. State, 403 So. 2d 417 (Fla.1981). ADKINS, Acting C. J., and BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.…
Authorities Cited
- Tascano v. State, 393 So. 2d 540 (Fla. 1980)
- Theodus B. McFARLIN v. State, 363 So. 2d 405 (Fla. 1st DCA 1978)
- Studstill v. State, 397 So. 2d 753 (Fla. 1st DCA 1981)
- State v. Nelms, 406 So. 2d 1117 (Fla. 1981)
- State v. Studstill, 406 So. 2d 1117 (Fla. 1981)