ERNEST WALTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERNEST WALTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
564 So. 2d 1162
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, Ernest Walton, seeks review of his aggravated battery conviction, arguing that he was deprived of his constitutional right to cross-examine a state witness, and that the trial court improperly denied his request to proffer certain testimony during cross-examination of the same witness. After reviewing the record and the arguments, we conclude that any error on the part of the trial court in regard to these issues was harmless. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
AFFIRMED.
ERVIN, WENTWORTH and MINER, JJ., concur.
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Caracciolo v. State, 564 So. 2d 1164 (Fla. 4th DCA 1990)…PER CURIAM. This is the third of three separate pro se appeals pending before this court. They have not been consolidated, and for reference the companion cases are 564 So. 2d 1162 and 564 So. 2d 1163. A brief description of the status of these proceedings is set forth in our opinion in the former case. Appellant here challenges the trial court’s denial of his petition for writ of habeas corpus. Having failed to demonstrate…
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Belew v. State, 616 So. 2d 120 (Fla. 2d DCA 1993)…this case to the trial court to clarify whether the guidelines scoresheet referred to by the state and defense counsel at the sentencing hearing was “physically present before the judge and the court on the date of sentencing.” Caracciolo v. State, 564 So. 2d 1162, 1163 (Fla. 4th DCA 1990). Affirmed but remanded. DANAHY, A.C.J., HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur.…
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State v. Williams, 759 So. 2d 1 (Fla. 4th DCA 1998)…g hearing, but instead referenced chapter 397. Because the record is unclear as to which penalty the judge intended to order, in the interest of justice for all concerned, we vacate the sentence and remand for resentencing. See Caracciolo v. State, 564 So. 2d 1162 (Fla. 4th DCA 1990)(holding that where there is ambiguity in the sentencing order, the proper remedy is remand for resentencing); Hollinger v. State, 530 So. 2d 463 (Fla. 5th DCA 1988)(same). On remand, after the basis for the sentence is clarified,…
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- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)