HERBERT JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon a thorough review of the record, we conclude that appellant has not demonstrated that his trial contained prejudicial error, as required by section 924.051(7), Florida Statutes. Goodwin v. State, 23 Fla. L. Weekly D 918 (Fla. 4th DCA April 8, 1998), rehearing denied D1538, - So. 2d -, 1998 WL 158875 (Fla. 4th DCA June 24, 1998). Accordingly, we affirm and certify to the Supreme Court of Florida the identical question as was certified by our sister court:
IN APPEALS WHICH DO NOT INVOLVE CONSTITUTIONAL ERROR, DOES THE ENACTMENT OF SECTION 924.051(7), FLORIDA STATUTES, ABROGATE THE HARMLESS ERROR ANALYSIS ANNOUNCED IN DÍGUI-L10 V. STATE [State v. DiGuilio], 491 So. 2d 1129 (Fla.1986)?
Goodwin, 23 Fla. L. Weekly D1538, — So. 2d -, 1998 WL 158875 (June 24, 1998).
MINER, ALLEN and KAHN, JJ., concur.
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Goodwin v. State, 751 So. 2d 537 (Fla. 1999)…PARIENTE, J. We consolidate these cases because the Fourth District in Goodwin v. State, 721 So. 2d 728, 731 (Fla. 4th DCA 1998), and the First District in Jones v. State, 715 So. 2d 378, 378 (Fla. 1st DCA 1998), both certified the following question as one of great public importance: IN APPEALS WHICH DO NOT INVOLVE CONSTITUTIONAL ERROR, DOES THE ENACTMENT OF SECTION 924.051(7), FLORIDA STATUTES, ABROGATE THE HARMLESS ERROR ANALYSI…1 / 2
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Lavon D. Jackson v. State, 729 So. 2d 947 (Fla. 1st DCA 1998)…ned of is really not constitutional in nature and thus we should apply the lesser standard contained in Goodwin v. State, 23 Fla. L. Weekly D1538, 721 So. 2d 728 (Fla. 4th DCA 1998), reh'g denied (adopted by this court in Jones v. State, No. 97-909, 715 So. 2d 378 (Fla. 1st DCA 1998), in determining whether the error was harmless. See Mayes v. State, 23 Fla. L. Weekly D1995, 718 So. 2d 852 (Fla. 4th DCA 1998)) (applying Goodwin standard in case where police officer’s gratuitous remarks suggested prior crimina…
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Jones v. State, 754 So. 2d 792 (Fla. 1st DCA 2000)…PER CURIAM. In Jones v. State, 715 So. 2d 378 (Fla. 1st DCA 1998), this court, pursuant to section 924.051(7), Florida Statutes (1997), affirmed appellant’s conviction because he could not demonstrate that his trial contained prejudicial error. However, we certified a question of great public i…
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- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)