JEFFREY W. COULSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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LEWIS, J.
We have for review the decision in Coulson v. State, 745 So. 2d 588 (Fla. 5th DCA 1999), in which the Fifth District, in affirming the decision of the trial court, relied on its decision in Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999), approved, 779 So. 2d 265 (Fla.2001), but certified conflict with State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999), quashed, 762 So. 2d 523 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently held that the Prisoner Re-leasee Reoffender Act does not violate separation of powers, and rejected other constitutional challenges to the Act. See State v. Cotton, 769 So. 2d 345 (Fla.2000). For the reasons expressed in Cotton, we have since approved the Fifth District’s decision in Speed. See Speed v. State, No. 779 So. 2d 265 (Fla.2001). Accordingly, we similarly approve the Fifth District’s decision in this case.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur. QUINCE, J., dissents with an opinion.
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, 769 So. 2d 345, 358-59 (Fla.2000).
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Citator
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Bonine v. State, 811 So. 2d 863 (Fla. 5th DCA 2002)…ict, then the error is by definition harmful, (emphasis in original) Thus, Bonine’s conviction possibly based on one invalid legal alternative cannot be sustained merely because of overwhelming evidence, on the valid ground. See Mackerley v. State, 777 So. 2d 969 (Fla.2001)(harmless error rule cannot be applied when a defendant is convicted by general verdict of first degree murder on the theories of premeditation and felony murder but the felony underlying the felony murder charge is based on a legally unsu…
Authorities Cited
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999)
- State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999)
- Speed v. State, 779 So. 2d 265 (Fla. 2001)
- State v. Wise, 762 So. 2d 523 (Fla. 2000)
- Green v. State, 762 So. 2d 523 (Fla. 2000)
- Coulson v. State, 745 So. 2d 588 (Fla. 5th DCA 1999)
- Thompson v. State, 745 So. 2d 588 (Fla. 5th DCA 1999)