RICHARD EUGENE MORRIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982)
  …harmless error test, the strict holding of that case is that the failure to instruct the jury as to specific intent is not fundamental error, thus permitting it to be urged on appeal though not properly preserved in the trial court. Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982) (Owen, dissenting). Here, the issue was properly preserved for review. Thus, we are squarely presented with the issue of whether the failure to instruct as to specific intent can be deemed harmless er [*725] ror. Considering the…
• Morton v. State, 459 So. 2d 322 (Fla. 3d DCA 1984)
  …tial element over the objection of the defendant is harmless error where the existence of the element is not in genuine dispute. See Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982), rev. denied, 426 So. 2d 26 (Fla. 1983). But see Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982). . Williams v. State, 366 So. 2d 817 (Fla. 3d DCA 1979), upon which the defendant relies, does nothing to further his position. One simply cannot tell from that opinion what the defense or disputed issues were. Nor does the earl…
• Henderson v. State, 429 So. 2d 1284 (Fla. 3d DCA 1983)
  …d DCA 1981); Leary v. State, 406 So. 2d 1222 (Fla. 4th DCA 1981); Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981); McMurtroy v. State, 400 So. 2d 547 (Fla. 3d DCA 1981); Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), with Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982); Jackson v. State, 412 So. 2d 381 (Fla. 3d DCA 1982). See also Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982) (even though failure to instruct on intent element in robbery case preserved by proper objection, error harmless wh…

Authorities Cited

• Estrada v. State, 400 So. 2d 562 (Fla. 3d DCA 1981)