PEDRO QUEVEDO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-04-27
No. 81-1135
Before SCHWARTZ, NESBITT and JOR-GENSON, JJ.
413 So. 2d 136 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases

Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

It affirmatively appears that any violation of Fla.R.Crim.P. 3.150(b) in the joinder in the same trial of the second degree murder count against the appellant Quevedo, and a charge of attempted murder of the same victim, occurring during the same barroom brawl, against Quevedo’s brother, was entirely harmless. The judgment under review is therefore affirmed. Sec. 924.33, Fla.Stat. (1979); see, Zeigler v. State, 402 So. 2d 365 (Fla.1981); Harris v. State, 414 So. 2d 557 (Fla. 3rd DCA (1982); Damon v. State, 397 So. 2d 1224 (Fla. 3rd DCA 1981); compare Wilson v. State, 298 So. 2d 433 (Fla. 4th DCA 1974), cert. dismissed, 327 So. 2d 35 (Fla.1976); Paul v. State, 385 So. 2d 1371 (Fla.1980).


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Cited By

  • Beltran v. State, 530 So. 2d 1045 (Fla. 3d DCA 1988)
    …1983), the court held that it was without jurisdiction to review an alleged conflict between Wilson v. State, 298 So. 2d 433 (Fla. 4th DCA 1974) (holding misjoinder of defendants per se reversible without showing of prejudice), and Quevedo v. State, 413 So. 2d 136 (Fla. 3d DCA 1982) (holding that the misjoinder, if any, of defendants was entirely harmless). . In Adams v. State, 423 So. 2d 439 (Fla. 4th DCA 1983), the Fourth District held en banc that it would use a harmless error analysis to judge claims of…
  • Quevedo v. State, 436 So. 2d 87 (Fla. 1983)
    …BOYD, Justice. We accepted jurisdiction of this case to review the decision of the district court of appeal, Quevedo v. State, 413 So. 2d 136 (Fla. 3d DCA 1982). The petition for review was grounded upon the assertion that the decision below conflicted with the decision in Wilson v. State, 298 So. 2d 433 (Fla. 4th DCA 1974), cert. dismissed, 327 So. 2d 35 (Fla.1976). The decision of the…

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