JOHN DOE A/K/A JIMMY (JOHN WESLEY WASHINGTON), APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN DOE A/K/A JIMMY (JOHN WESLEY WASHINGTON), APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 994
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
Appellant having properly preserved the point on appeal, we reverse and remand for further proceedings pursuant to Tascano v. State, 393 So. 2d 540 (Fla.1980); however, in accordance with this court’s opinion in Studstill v. State, 397 So. 2d 753 (Fla. 1st 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?
McCORD, BOOTH and SHIVERS, JJ., concur. Decision affirmed, Fla., 406 So. 2d 1118.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. DOE, 406 So. 2d 1118 (Fla. 1981)…PER CURIAM. Affirmed. 405 So. 2d 994. 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)
- Studstill v. State, 397 So. 2d 753 (Fla. 1st DCA 1981)
- Lenz v. State, 406 So. 2d 1118 (Fla. 1981)
- State v. Greene, 406 So. 2d 1118 (Fla. 1981)