JEFFREY D. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Harmless Error Rule cases and more on FLexlaw
HARRIS, Judge.
Jeffrey D. Jackson was convicted of multiple charges involving death and injury resulting from a single DUI episode. On appeal, he raises two points: improper prosecutorial comment during closing argument and a double jeopardy argument relating to his conviction for the enhanced driving with license suspended (DWLS) offense under section 322.34(3), Florida Statutes. We reverse only the conviction for the enhanced DWLS charge.
Although we find the statement by the prosecutor to have been improper, we nevertheless find that the curative instruction properly cured any potential harm and that the harmless error rule applies to this objection.
We agree with Jackson, however, that under State v. Cooper, 634 So. 2d 1074 (Fla. 1994), his conviction for DWLS pursuant to section 322.34(3) (DWLS causing death or serious bodily injury) cannot stand because he was also convicted of DUI manslaughter and DUI with serious bodily injury.
AFFIRMED in part; REVERSED in part and REMANDED.
DAUKSCH and W. SHARP, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
COX v. State, 819 So. 2d 705 (Fla. 2002)…be exercised with great care and should be done only in cases of absolute necessity.”). The trial court properly addressed the situation presented by giving the jury a proper curative instruction and proceeding with the trial. See Jackson v. State, 702 So. 2d 607 (Fla. 5th DCA 1997); Riley v. State, 367 So. 2d 1091, 1092 (Fla. 3rd DCA 1979). As the trial court did not abuse its discretion by denying the defense’s motion for a mistrial here, see Goodwin v. State, 751 So. 2d 537, 546 (Fla.1999) (“a trial court…
-
Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002)…court ordered a hearing. 754 So. 2d at 176. Still other eases involve a request for counsel before the hearing was ordered or at least a reasonable time before the hearing was scheduled to take place. See Johnson, 711 So. 2d at 113; Rogers v. State, 702 So. 2d 607, 608 (Fla. 1st DCA 1997); Belizaire v. State, 765 So. 2d 892, 893 (Fla. 4th DCA 2000); Witherspoon v. State, 634 So. 2d 208, 209 (Fla. 4th DCA 1994). In these cases, the appellate courts were not evaluating the need for appointed counsel in the abst…
-
Johnson v. State, 711 So. 2d 112 (Fla. 1st DCA 1998)…not present any expert testimony concerning the competency of defense furnished by his trial counsel and record indicates that an attorney’s cross-examination of counsel may have shown petitioner was entitled to new trial); see also Rogers v. State, 702 So. 2d 607, 608 (Fla. 1st DCA 1997) (holding that trial court abused its' discretion in denying petitioner’s request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Cooper, 634 So. 2d 1074 (Fla. 1994)